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Home My WebLink AboutAgreements with bldr/owner/city-2008-2009 . , � �o2czs�Y'�;��.s�� e. , , , ' L Doc No T4688800 ^ a�+''t Certified, filed and/or recorded on � 9/21/09 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 14 Pkg ID 570848 Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 Exis:ing :.�r�s iVe�Certs 1215777 �_ This cover sheet is now a permanent part of the recorded document. � '` �--- 1 �- �/ . , � . i � . � �� (Reserved for Recordin� E�ri�'��.��.+�� THIS AGREEMENT ("Agreement"),made and entered into this 13�'day of January, 2009, by Highmark Builders,Inc. ("Developer") and LMG Partners,LLC ("Property Owner") (hereinafter Developer and Property Owner collectively referred to as"Applicants") and the City of ' Orono, a Minnesota municipal corporation(hereinafter referred to as the"Cit�'). WITNESSETH: WHEREAS,Applicants have made application to the City for a variance to Municipal Zoning Code Section 78-1288, 78-1282, and 78-330 for property located at 4205 North Shore Drive,within the City of Orono,Hennepin County, State of Minnesota, such property legally described as: See"Exhibit A"attached for legal description; (hereinafter referred to a.s "Subject Propert�'); and WHEREAS,the Property Owner has received a variance for the Subject Property pursuant to :J�ono City Co•ar��il�esolution�601 and recordted as Her.nepin County doc;.�ment number 4464906; WHEREAS, as a condition of the variance,the Property Owner was limited to 35 square feet of hardcover within the 0-75 foot zone. As a result of this requirement the Property Owner was required to remove a 117 square foot shed that is currently located within the 0-75 foot zone; WHEREAS, Property Owner desires to keep the shed located within the 0-75 foot zone on the Subject Property; WHEREAS,the City has agreed to allow the Property Owner to keep the shed occupying 117 square feet of hardcover located within the 0-75 foot zone based on the following: 140991 � ' i �' T � � NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND UNDERTAHINGS CONTAINED HEREIN,THE PARTIES AGREE AS FOLLOWS: 1. PROPERTY OWNER: ■ The Property Owner shall submit plans to the City Engineer identifying the location and specifications for a pertnanent rain gaxden to be installed on the Subject Property as mitigation for the 117 square feet of excess hardcover. Upon receiving approval from the City Engineer, the Property Owner shall construct and install the rain garden on the Subject Property per the approved plans dated Apri19, 2009. ■ The Property Owner shall provide and implement and construct landscaping for the area around the shed�ursuaut to the landscape plan submitted and approved by the City dated Apri19, �OU9. ■ The Property Owner may renovate the shed provided any and all maintenance is architecturally consistent with the primary residence. Property Owner agrees that renovation may not increase the overall size or dimensions of the shed. ■ Property Owner shall remove all pavers or other non-pervious materials within the vicinity of the shed excepting the 35 square feet steps,previously authorized by the City. 2. THE CITY: The shed located within the 0-75 foot zone on the property shall remain on the Subject Property provided the conditions set forth in paragraph 1 hereof are satisfied. ■ The City shall issue such building permits for renovation and maintenance of the shed for Property Owner to implement architecturally consistence with the primary residence required in paragraph 1, above. ■ The City shall issue a final certificate of occupancy for the residence located on the Subjec�Froperty upon completing tr�e:tems set fartl� in paragraph 1 above, Orono �ity Council Resolution 5601, as modified by this Agreement and applicable regulations set forth by all applicable government agencies. The City agrees to release or refund to Property Owner all forms of security posted by the Property Owner with the City in connection with Subject Property,upon the issuance of the final certificate of occupancy. ■ The City agrees that this Agreement modifies and amends any terms and conditions in Orono City Council Resolution 5601 and recorded as Hennepin County document number 4464906,to the extent inconsistent with the terms and conditions of this Agreement. The City further agrees to undertake, implement and authorize, at the City's initiative, any official approvals that may be required to implement or carry out the terms, covenants,undertakings and agreements of the City contained of this Agreement. 140991 � .� � , � . 3. RELEASE. In consideration of the settlement in accordance with this Agreement, the parties have agreed to mutually release any and all claims which they may have against each other. CITY OF ORONO �� _. ;� � �: ,�, �._:� ��z,c.��• F � '`f .s�' �a�'t;� B y, �'�'/ <: f . �'� ' � � �b��'� �'��.=. � � mes M. White, Its Mayor � ��- � '$�� ,; ;-�, , ;F��r �'� �,� �b�•;� s. a gi B : ----t�=dv' /�7. G� � °4�; i= ;,,`' �:.�; ,., �'k..=.��, :- r Y 'r''•�°-' , `�S# ,.,��.,, � : < ,�,.;. Linda S. Vee, Its City Clerk � a , :�� _ _:; � ;� - h •'.�. ... . h� Y' ,y� i�, � ,'' �'� � ACKNOWLEDGEMENT .,, .btfiM1.-. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this �D�day of ILLI�vt, 2008, by James G. White and Linda Vee, respectively the Mayor and City Clerk of the City of Orono, on behalf of the municipal corporation. MONICA A. FADNESS G� �;; NOTARY PUBLIC-MINNE50TA Notary Public •:;,,,.�` My Commission Ezpires Jan.31,2012 H.:'I�Li��i`�1'�'�: ��If�H[MAiZK BUiL�ERS, IN(;. c By. . Jim oras I �..y �e �C LMG PARTNERS, LLC By: �� Ji _ N:oras Its Treasurer 140991 r � r ' ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged befare me this ��`day of �.c L <� ,�„ , 200�by '�;�� i��t:TeL-__� , the l%�,rr��-c�r��- of Highmark uilders, Inc., on behalf of the corpor�iior�: c'" ' ' SUZANNE M. MAYER '�y� ��` � - —�-------�-----_. .�.L_ N07ARY PUBUC Noi Public MINNESOTA � M1'Conrnysion Expirq J�n_31.2011 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ��'�day of ��-�l L , 200$�by �',v� ��G'� ;�cc_`j , the Treasurer of LMG Partn rs, LLC, on behalf of the limited liability corporation. �.�--> r•• � " SUZAN�+�r'' ``\�� . � M. MAYER NOTARY PUBLIC Notary lic MINNESOTA �'�'��nUsfon Expiret Jin.31.201I DRAFTED BY: ('am��he!I Kn��tcr.n �l'OfL'S."i i g:/Q��SSC L':CtI01: 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM 140991 � f� ,� . i f , ' T � � � � ' ��fAAf1 Ps1 ��:•A�riia�l�� p,•'�� '� ��.J°�i.ti`:i ,+�A?�5U1 . q`• P,TC]��S�t�itA'9 - � ,�asi,�u'+e��tt� ''►- '�Pe:.«.11!'aL E'eivi�!-r._ .�^al1s. 'p ..�b�i'� 4 i��l%P �l�' 31 . �� :16.�`c.�6l� Yh?s•Ta3b� �2� �,8a��36`�L�4s�,9 v�� _ 1GPl.r �� ;��i dP"9P i�<�t22t7Tr,Rl;''h0u". C> s �� • , ��' , � . _ ► � . ' . � EXHIBIT "A" Le�al Description of Subiect Prouertv That part of Lot 2 "Orchard Beach," lying Southeasterly of the following described line and its Northeasterly extension: Commencing at the Northeast corner of Lot 3, "Orchard Beach"; thence on an assumed bearing of North along the Northerly extension of the East line of said Lot 3 a � distance of 78.92 feet; thence on a bearing of West a distance of 89.50 feet to the point of beginning �� of the line being described; thence South 31 degrees 56 minutes 53 seconds West to the Southwesterly line of said Lot 2 and there ending. Subject to the easement for County State Aid Highway No. 19 as shown in Hennepin County Highway Plat No. 50 recorded as CR Do�ument #4746G�4. Sublect to a per�etual easement for underground utility purposes in favar of the City af � Orono as contained in CR Document#3925296. 140991 � _� --- CA�BELL K:NUTSON ��C ;- .z ; October 14, 2009 ��CF/�/� s e,��ia.�� . � , , ��, � Rogcr N.hnu �', �� b 9�� Thoxnas M �� . (�� Fu�t,tt�. r� > ��..;, OF�R �� jael j.Jan�xo�r Ms. Evelyn Turner Q Andrea Mct��.�z��,.��' � Clty of�ro110 Sarcn M. Mats; P.�. BoX 66 �Uhn r. xe11y Crystal Bay, MN 55323 Henry A.Sch.f� —'� Aun�s�1�waT�; Re: Highmark Builders d LMG Partners / 205 North Shore D ' Samuel J. Edrr:, a�. _ a. Dear Ms. Turner: Enclosed for your files please find the original recorded Agreement regarding the above matter. Said agreement was recorded on September 21, 2009 in the office of the Registrar of Titles as document number T4688800. Very truly yours, CAMPBELL KNUTSON Professional Association B �__. � ��`� ��-�'�---_.. Y• sfd Jean l�. Olson, Legal Assistant /j mo Enclosure Cc: Chris Royal, Koepke Law, Ltd., w/encl. �;�� s�� ti; 651-452-SC:i!; Fax 65]-45'� ��'� � ��u� � rt• !:r�,�, 148240 �, y2o5 �Uo�r Sh�o /� � AGREEMENT FOR REMOVAL OF ACCESSORY STRUCTURE Right-of-Entry TffiS AGREEMENT ("Agreement"), made and entered into this S��" day of June, 2008,by Highmark Builders,Inc.("Developer") and LMG Partners,LLC("Property Owner") (hereinafter Developer and Property Owner collectively 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 a variance to Municipal Zoning Code Section 78-1288, 78-1282, and 78-330 for property loca.ted at 4205 North Shore Drive, within the City of Orono, Hennepin County, Sta.te of Minnesota, such property legally described as: See"Exhibit A"attached for legal description; (hereinafter referred to as"Subject Property"); and WHEREAS, the Subject Property contains a pre-existing 117 square foot accessory structure("Shed")in the 0-75 foot zone; and ' WHEREAS,the Applicants have received a variance for the Subject Property pursuant to Orono City Council Resolution 5601 and recorded as Hennepin County Document#4464906; and WHEREAS,the Applicants now believe that Minnesota Sta.tutes §117.184, effective after May 20, 2006, applies to the Shed and provides certain protections to the Applicants; and WHEREAS, the Applicants have expressed their desire to keep the Shed on the Subject Property and have communicated such desire to the City of Orono on June 2, 2008 and, in fact, have not removed the Shed as requested by the City; and WHEREAS, the Applicants recognize that it is the City's position that the Shed must be removed as a condition of the variance; and WHEREAS, the City has denied the Applicants' approval of the grading inspections necessary to complete the sodding of the Subject Property and obtain a temporary certificate of occupancy as a result of the dispute regarding the rexnoval of the Shed; and WHEREAS, at the Applicants' request, the City agrees to allow the Applicants to retain the Shed on the Subject Property while the parties resalve their dispute regarding the City's requirement to remove the Shed and the Applicants' rights to maintain said structure are resolved; and 139014WL 1 i WHEREAS, the Applicants recognize that if it is ultunately determined that the protecrions afforded by Minnesota Statutes §117.184 to legal nonconforming use are inapplicable to the Shed,the Applicants will agree with the City's request for removal of the Shed. NOW, THEREFORE, THE PARTIES TO TffiS AGREEMENT AGREE TO THE FOLLOWING: � 1 e Applicants may retain the Shed located in the 0-75 foot zone and will receive a temporary certificate of occupancy subject to the following conditions: A. The Applicants and City agree to enter into good faith negotiations to attempt to resolve the issue of whether Minnesota. Statutes §117.184 applies to the Shed and whether the City may require the removal of the Shed.. B. The Applicants agree to deposit Two Thousand and no/100ths Dollars ($2,000.00) with the City which may be used by the City to secure the demolition of the Shed. C. The Applicants will sign the atta.ched Waiver of Trespass/Right of Entry atta.ched as "E�ibit B." 2. The City agrees to meet with the Applicants to discuss and attempt to resolve th� application of Minnesota Sta.tutes to the removal of the Shed following the signing of this Agreement. The City makes no representations that the City will agree to the Applicants' request and that presently it is the City's position that the Shed must be demolished. If the resolution is in favor of the City's position that its removal is proper, Applicants will remove such structure and restore the landscaping to the approved plans by the City of Orono. If Applicants fail to remove the Shed as required,the Applicants hereby agree as follows: A. The City may enter upon the Subject Property and remove the Shed. B. The City may draw down on the $2,000.00 to pay for the removal of the Shed and assess any cost exceed.ing$2,000.00 for the removal of the Shed to the Subject Property. 3. If the Applicants fail to abide by the conditions set forth above, the City may immediately revoke its temporary certificate of occupancy. The City will not issue a final certificate of occupancy until the terms of the variance have been complied with. 4. The Applicants will undertake to secure the necessary land alteration approvals as required by Orono City Code Section 78-967. 5. This Agreement shall be binding upon current and future owners of the Subject Property, and shall be filed within the chain of title of the Subject Property. 139014v2 2 ✓ 6. Applicants represent that they aze the fee owners of the Subject Property or have received written consent from the fee owners to sign this Agreement. 7. Applicants sha11 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 a.nd 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. CITY OF ORONO , By: � • �� es�. White,Its Mayor By: �e r,.� �/ . Lmda Vee, Its City Clerk ACKNOWLEDGENiENT STATE OF NIlNNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this��day of June,2008, by James�.White and Linda Vee,respectively the Mayor and City Clerk of the City of Orono, on behalf of the municipal orporation. _�..�_ ,. ` � o A� ME A KOTEK Public NOTARY .INp�q�EgpT� � �� lbfru /WMt� �.81:�12 r APPLICANTS: BARBARA G.SILUS ffiGffiVIARK BUILDER5,INC. NOTARY PUBLIC-MlNNESOTA MY��Ss1ar�Exp'ves Jan.31;�13 By: � Moras I : P esident 139014v2 � LMG PARTNERS,LLC By: � J es Moras Its. Secretary ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ��`day of June,2008, by James Moras,the President of Highmark Builders,Inc., on behalf of the corporation. MELISSA KOTEK � � ' / ' � , w� �oTAR�►�•t�u�E�TA Notary Pub ic ry c�oa E�hee,l�.st.201a �, iuwMNva� STATE OF NIINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of June,2008, by James Moras, the Secretary of LMG Partners, LLC, on behalf of the limited liability corporation. ,�' � � ., ��. � ■ Notazy Public MELtSSA KOTEK NOTAi�f PUBLIC-MINNFSOTA ry c�a�,�.a�,zotz � � M DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM 139014d2 4 � EXHIBIT "A" Lesal Descriation of Subiect Propertv That part of Lot 2 "Orchard Beach," lying Southeasterly of the following described line and its Northeasterly extension: Commencing at the Northeast corner of Lot 3, "Orchard Beach"; thence on an assumed bearing of North along the Northerly extension of the East line of said Lot 3 a distance of 78.92 feet;thence on a bearing of West a distance of 89.50 feet to the point of beginning of the line being described; thence South 31 degrees 56 minutes 53 seconds West to the Southwesterly line of said Lot 2 and there—ending. Subject to the easement for County State Aid Highway No. 19 as shown in Hennepin County Highway Plat No. 50 recorded as CR Document #4746024. Subject to a perpetual easement for underground utility purposes in favor of the City of Orono as contained in CR Document#3925296. 139014v2 5