HomeMy WebLinkAboutAgreement: Re dock r
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Doc No T05181035
Certified, filed and/or recorded on
Jun 27, 2014 10:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 42 Pkg ID 1125520M
Doc Name: Agreement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1340257
This cover sheet is now a permanent part of the recorded document.
(Reserved for recording data)
Agreement for Removal or Retention of Accessory Dock
Right-of-Entry
THIS AGREEMENT,made and entered into this er day of A ,
2014,by Shawn R.McIntee and Jacqueline A.McIntee,husband and wife, (her inafter
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 2490 Old Beach Road,within the City of
Orono, Hennepin County, State of Minnesota, and legally described on Exhibit"A"(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"B"; and
WHEREAS, Applicants are aware that according to Orono Municipal Zoning Code
Section 78-1432, at the time the principal structure is removed,all nonconforming accessory
structures, such as the private dock, shall also be removed;
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 and in a
location such that the existing private dock will remain conforming.
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WHEREAS,at the Applicants' request, the City intends to allow the private dock to
remain on the Subject Property during demolition of the existing principal structure and 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.
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 submit a complete, conforming building permit application
for construction of the replacement residence within ninety(90) days of
demolition; to begin construction on the new residence within one hundred twenty
(120) days of demolition; and to complete all exterior work within one(1)year of
building permit issuance and interior work within two (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 occur and the Applicants fail to perform their removal
obligations per the above provisions, 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 property.
2. 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.
3. Fee owner(s)of the Subject Property, if not the Applicants, consent to the execution of
this Agreement and to its terms, as shown by his/her/their signatures upon this document.
4. 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.
APPL S:
S awn R. McIntee
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176335vl
Jacqueline A. McIntee
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 0 day of
2014,by Shawn R.McIntee and Jacqueline A. McIntee, husband
and wife.
KRISTIE L.N1 MI o ry Publlc
Notary Public-Minnesota
My commission EVkft Jen 91.2015
CITY OF ORONO:
By,
ili Tod McMillan Its Ma
By, �
' Rachel Dodge, Its City Clerk
STATEOF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowled ed bef r me this 9 day of
2014,by n and Rachel Dodge,respectively
the M40r and City Clerk of the City of Orono,a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority granted by its City Council.
N.- MONICAA.FA� `y i�GdJ
n NOTARY PUBLIC-MINNESOTA Notary Public
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My Commission Expires Jan.31,2017
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (651)452-5000
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176335v1
EXHIBIT "A"
to
Agreement for Removal or Retention of Accessory Dock
Lot 4, "Shore Hills",according to the plat thereof on file and of record in the office of the
Registrar of Titles in and for Hennepin County, Minnesota.
PID No. 21-117-23-22-0005
176335v1
EIIIIIBIT "B"
to
Agreement for Removal or Retention of Accessory Dock
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