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Agreement for Removal of Accessory Structures
Right-of-Entry
THIS AGREEMENT,made and entered into this : b4-i' day of Pla y
20 4 , by Scott Miller and Michelle Miller (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 85 Old Crystal Bay Road S within the City
of Orono, Hennepin County, State of Minnesota, such property legally described as:
Lot 9, Auditors Subdivision No. 230
(hereinafter referred to as "Subject Property"); and
WHEREAS, the Applicants are the owners of the Subject Property; and
WHEREAS, the Subject Property contains an existing principal residence
structure and a conforming detached garage shown on the survey attached hereto as Exhibit B; and
WHEREAS, the Applicants intend to construct a new principal structure on the
Subject Property; and
WHEREAS, the Applicants are aware that according to Orono Municipal Zoning
Code Section 78-1368, only one principal structure is permitted per lot; and
WHEREAS, the Applicants are aware that according to Orono Municipal Zoning
Code Section 78-1435, once the new principal structure is constructed the existing home and
existing detached garage will be located nearer to the front lot line than the principal structure,
requiring variances; and
WHEREAS, the Applicants intend to, upon completion of the new principal
structure, immediately apply for a conditional use permit and/or variances to allow the existing
structures to remain on the property in a location closer to the front lot line than the new principal
structure.
WHEREAS,the City intends to allow the existing home and accessory structure(s)
to remain on the Subject Property during construction of the new principal residence structure with
the expectation that said existing home and accessory structure(s) will become conforming with
the approval of a guest house conditional use permit and/or variance to be closer to the front lot line
than the new principal structure as soon as construction of the new principal residence is
completed.
1
A
NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Applicants may retain the existing home and the existing accessory structure, subject to the
following conditions:
A) Applicants agree to apply for a land use application pertaining to the existing home
and existing detached garage within 60 days of issuance of a building permit for the
new principal structure;to begin construction on the new residence within 120 days
of the issuance of a building permit; 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 or the land use application(s) is denied, the Applicants shall
remove the existing home and existing detached garage at the Applicants' expense,
or the Applicants shall apply for an extension of this Agreement.
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 existing home and
accessory building(s).
2. The City may assess the costs of removal to the property.
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. 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 their signature(s)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:
By: Att-AttA
Its Mayor
By:
Its City Clerk
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this o?<o day of
—12— , 20 O(o , by L34-rb arc/ Pe7'er5o-rt
and Lind-A S. Yew , the M act err and
(Jerk- of the City of Orono on behalf of the municipal corporation.
1111.r1JIIJYI!!!./llllJ!./1llll� 6
QV).„)...A5),„„BARBARA G.SILOS ti Nota Public
NOTARY PUBLIC-MINNESOTA '
My Commission Expires Jan.31,2008
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APPLICANT(S):
By:
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/
ACKNOWLEDGEMENT (APPLICANTS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
Aety , 200 , by 4/1;c-h >- l(e and
c .t f 41,-Ile r (husband and wife) as their free act and deed/on behalf
of the corporation.
ti
ION Notary ublic
LINDA S.VEE
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2010 (�
.1./1.1Jl./ll,/lllJlllJ.l./.l_/,IiJI,IJ 1
FEE OWNER(S): _
By: i u..
By. , `
ACKNOWLEDGEMENT (FEE OWNERS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this .26 day of
, 20 06: , by /14•'cIe (le ,/9;/(e.r and
.Sc o /-f- //-el (husband and wife)as their free act and deed/on behalf
of the corporation.
LINDA S-. VEE Notary Public
�� NOTARY PUBLIC MINNESOTA
My Commission Expires Jan.31,2010
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