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Home My WebLink AboutRe: agreement � H J - � ' QBenking a Real Estete�Business S��e 1VI.1VIayer (763)201-1213 sma.�oepkelaw.com July 17,2009 REGULA,R U.S.MAIL Soren M.Mattick,Esq. Attorney for Citv of Orono Campbell Knutson,P.A. 1380 Corporate Center Curve,Suite 317 Eagan,MN 55121 RE: Agreement by and betaveen Highmark Builders,Inc.and LMG Partners,LLC and the � City of Orono Dear Mr.Mattick: Bnclosed Jwith respect to the above-referenced matter,please find the fully executed Agreement. There are a few remaining issues with respect to the Agreement,which are noted�below• , 1. Date of the Agreement;and 2. Date of the Approved Plans. Please remaining dates and re y of the completed Agreement to my attention at the address below.. if you have any questions,please contact me at 763.201.1213 or Clu�is Royal•a� 763.201.1202. Sincere ,- Ko e Law,Ltd. . `� � S e ..May r Enclosu'res . . . . . . . � ... • . . .. � 3161 Fernbrook Lane North, Plymouth, MN 55447 « 763.201.1201 « koepl<elaw.com � ! (Reserved for Recordin� l��ir�'�i�� . TffiS AGREEMENT ("Agreement"), made an.d entered into tYus day of , 2008, by Highmark Bnilders, Inc. ("Developer") and LMG Partners, LLC ("Property Owner'� (hereina.fter Developer and Property Uwner 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 located. at 42�5' 1V'orth Shore Drive, within the City of Orono, Hennepin County, State of Minnesota, such property legally described.as: See"Exlubit A"attached.for legal description; (hereinafter referred to as"Subject Property"); and i�YZEAS,the Property Owner fias received a variance for the Subject Property pursuant to Orono City Council.Resolutian 5601 and recorded as Heimepin County document number 4464906; and 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 tYus reqwirement 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-?5 foot zone on � the Subject Property; � __ _ _ _ _ W.HEREAS,the City ha.s agreed.to allow the Property Owner to keep the shed occupying 117 square feet of hazdcover located within the 0-75 foot zone based on the following: 140991 ` „� ,........ � � NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND UNDERTAK[NGS CONTAINED HEREIN,THE PARTIES AGREE AS FOLLOWS: 1. PROPERTY OWNER: ■ The Property Owner shall submit plans to the City Engineer idenhfyin.g the locatian and specifica.tions for a permanent raa.n garden 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 Properiy Owner shall construct and install the rain garden on t�e Subject Property per the approved plans dated September_,2008. ■ The Property Owner shall pruvide and implement and construct landscaping for the azea . around the shed pursuant to the landscape plan submitted and approved by the City da.ted September_,2008. ■ 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 di.mensions 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 of steps,previously authorized by the City. 2. THE CI1'Y: The shed located within.the 0-75 foot zone on the properly shall remain on the Subject Property provided the conditions set forth in para.graph 1 hereof are satisfi�. � ■ The City shall issue such building permits for renovation and maintenance of the shed � for Property OwneY'to implement azchitecturally consistence with the primary residence required in paragraph 1, above. ■ The City sha11 issue�a final certificate of occupancy for the residence located on the Subject Property upon completing the it�ems sei forth in paragraph 1 above, Orono City Council Resolution 5601,as modified by tbis Agreement and applicable regulations set� � forth by all applicable govemment agencies. The City agrees to release or refund to Property Owner all forms of security posted by the Property Owner with the Ciiy in connection with Subject Property,upon the issuasice of the final certificate of occupaacy. ■ The City agrees that tlus Agreement mocii.fies 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 tYris Agreement. The Gity further-agrees to_undertake,implement_and_authorize,at the___ _ _. ___ City's initiative, any official approvals tha.t may be required to im.plement 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 g3,; !�/ GJGw`� es M.White,Its Mayor By:__��C�zo� � v�� Lin.da.S.Vee,Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing insirument was acknowledged. before me tlus ��day of �f�( 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 `" '�/t�� '� NOTARY PUBLIC-MINWESOTA Notary Public Mp Cnmmisston ExpU�Ja�t.31,2a12 � . � �a��r;zc�rrs: HIGHMARK BUILDERS,INC. By: I aC LMG PARTNERS,LLC _ _ -- . � ----------3'' ts 140991 . ACKNOWLEDGEMENT(APPLICANTSI STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowled.ged before me this �c;�Y of ' 200�by �;,,vt �,ru..s , the �_ of Sighmark nilders,Inc.,on behalf of the corpor ' . 3UZANNE M. MAY�FI ` NQ7ARY PUBLIC A Public , � MINNESOTA ' • . '�Y�aion Erptreg J�n.31.�11 , . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The fo�regoing inshvment was acknowledged. before me this ��daY °f , 200$, by �„n. �,I�S , the of LMG Partn rs,LLC,on behalf of the limited liabili corporation. SUZANNE M. MAYER • aoraav Pue� Notary lic M�HN�sorn ��NOp�ues Jen..31.2D14 � DRAF�.'ED BY: Campbell Knutson . Professwnal'Assoc�on 317 Eagandale Office Center 1380 Coiporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5040 SNII�I 1 14d991 � EI�IT"A" Leeal Descnntion of 3nbiect Prouertv That part of Lot 2 "Orchard Beach," lying Southeasterly of the following described line and its Northeasterly extension: Commencing at the Northeast comer of Lot 3, "Orchard Beach"; thence on an assumed beari.ng of North along the Northerly extension of the East li.ne 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 endin.g. Subject to the easement for County State Aid Highway No. 19 as shown in Hennepin County Highway Plat No. 50 recorded as CR Docum�nt #4746024. Subject to a perpetual easement for underground utility purposes in favor of the City of ' , Orono as contained.in CR Document#3925296. 140991