HomeMy WebLinkAboutAgreement for retention/removal/accessory dock-2011 Agreement for Retention or Removal of Accessory Dock
Right-of-Entry
THIS AGREEMENT,made and entered into this�day of �/Y1�1 lJf�-�/ ,
20�� , by�4 S(►VlG �d �� 6�(l/►t, (husband and wife), (hereinafter referred to as
"Applicants")and the City of Orono,a Minnesota municipal corporation(hereinafter referred to as
the "City").
WITNESSETH:
WHEREAS, Applicants have made application to the City for demolition of the
principal residence structure on the property located at�1s N�'}'1��vG DYwithin the City of
Orono,Hennepin County, State of Minnesota, such property legally described as:that part of Tract
A,RLS No.670,Hennepin County,Minnesota,lying southwesterly of the following described line:
Commencing at a point in the northwesterly line of said Tract A,distant 150 feet northeasterly from
the most westerly corner thereof;thence southeasterly parallel with the southwesterly line thereof to
the shoreline of Lake Minnetonka(hereinafter referred to as "Subject Property"); and
WHEREAS,the Applicants are the owners of the Subject Property; and
WHEREAS, the Subject Property contains a principal residence structure and a
conforming accessory structure(hereinafter referred to as"private dock")shown on the survey or site
plan attached hereto as Exhibit A; and
WHEREAS,Applicants are aware that according to Orono Municipal Zoning Code
Section 78-1432, once the principal structure has been removed the private dock will no longer be
conforming, as it will no longer be accessory to an existing principal structure; and
WHEREAS,the ordinances of the City require removal of all accessory structures at
the time of removal of the principal structure, because such accessory structures may become a
public nuisance due to lack of on-site property control and management; and
WHEREAS, the Applicants intend to, upon demolition of the principal structure,
immediately replace the principal structure on the site with a new principal structure in a location
such that the existing private dock will remain conforming.
WHEREAS, the City intends to allow the private dock to remain on the Subject
Property during construction of the new principal residence structure with the expectation that said
private dock will again become conforming as soon as construction of the new principal residence is
completed.
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NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Applicants may retain the existing private dock, subject to the following conditions:
A) Applicants agree to obtain a building permit for construction of the replacement
residence within 60 days of demolition;to begin construction on the new residence
within 120 days of demolition; and to complete all exterior work within 1 year of
building permit issuance and interior work within 2 years of building permit issuance.
B) In the event that any activity described in item A has not been accomplished within
the defined timeframe, the Applicants shall remove the private dock at the
Applicants= expense.
C) If one of the item A events occurs and the Applicants fail to perform their removal
obligations per item B, the Applicants hereby agree as follows:
1. The City may enter upon the property and remove the private dock.
2. The City may assess the costs of removal to the properiy.
3. This Agreement shall be binding upon current and future owners of Subject Property, and
shall be filed within the chain of title of the Subject Property.
4. Applicants consent to the execution of this Agreement and to its terms, as shown by their
signatures upon this document.
5. Applicants shall indemnify and hold harmless the City,the City Council,and the agents and
employees of the City from and against all claims, damages, losses or expenses, including
attorney fees,which the City,City Council and agents and employees of the City may suffer
or for which it may be held liable,arising out of or resulting from the assertion against them
of any claims, debts or obligations in consequence of the performance of the terms of this
agreement.
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CITY OF ORONO:
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By� �-- /`�--� �C���o
Its Mayor
By: �✓ �A - (/..�i
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
The foregoing instrument was acknowledged before me this � day of
, 2011, by Lili Tod McMillan, the Mayor of the City of Orono on
behal of the munici al corporation.
a f MONICA A.FADNESS �
�- NOTARYPUBLIC-MWNESOTA G��•
;,�..`` My Commission Expires Jan.31,2012
�� Notary Public
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ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
The foregoing instrument was acknowledged before me this � day of
, 2011, by Linda S. Vee the City Clerk of the City of Orono on
behal of the muni al corparation.
,s���-.���r ; --
��`�`� M�NI�A A.�ADN€SS
�'���;; , NOTARY PUBLIC-MINNESOTA �
'�`,�� My Commission Expires Jan.31,2012
�=='--�` ��� Notary Public
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APPLICANT(S):
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By: 4, �` � � �
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By:_ ����-�� /
ACKNOWLEDt;EMEN7'
STATE OI�MINNESOTA )
) ss.
COUNTY O�' HENNEPIN )
� The foregoing instiument was acknowledged before me thi� __-___� day of
.,.�-�c-�^.�.,c r•. , ,�S, by >, , husband af <�,
, , as his
fi•ee act and d�ed. _';,�; � ��.�
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'o ..... ,r.v�a'i w.._...�V i�4 i'ti�I'�V11-. .- .. ... / . / /
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, i# ..1i1�1E A. �l8CHER � _,.� _.___._
y, �. �� ,��,���,�A Notary Yublic
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STATE OF MII��'FSOTA )
) ss.
COUN"I'Y O}� Ht;NNEPIN )
1'hc faregoing instrument was a�lctlowledged before me this ' .3 day of
, � ; —
`%-•�--`--2�-- ,20(�,by ' �z-,�, .''--� ,wife of � �1 ; %�. �,..-;as her fi•ee
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act and deed: �'
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Notaiy Public
� �' ,Jl�L1E A. �ISCHER
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