HomeMy WebLinkAboutAgreement removal/retention access structures Agreement for Removal or Retention
of Non-Conforming Accessory Structures
Right-of-Entry
THIS AGREEMENT,made and entered into this day of February 2013,
by William G. Reynolds and Mollie W. Reynolds, husband and wife, (hereinafter referred to
as "Owners")and the City of Orono, a Minnesota municipal corporation (hereinafter referred to
as the"City").
WITNESSETH:
WHEREAS, Owners have made application to the City for demolition of the
principal residence structure on the property located at 665 Orchard Park Rd within the City of
Orono, such property legally described as: The North 20.0 rods of the South 30.0 rods of the
Southeast Quarter of the Northeast Quarter fo the Northeast Quarter of Section 31, Township
118 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota
(hereinafter referred to as "Subject Property"); and
WHEREAS, the Subject Property contains a principal structure and one or more
nonconforming accessory structures shown on the survey or site plan attached hereto as Exhibit
A and described as follows: 18.7' x 25.8' shed and 30.3' x 33.4' shed(hereinafter"the Sheds");
and
WHEREAS, the Sheds are nonconforming with respect to side yard setback and
front yard setback requirements;and
WHEREAS, Owners are aware that according to Orono Municipal Zoning Code
Section 78-1432, at the time the principal structure is removed, all accessory structures shall also
be removed;and
WHEREAS, the ordinances of the City require removal of all accessory
structures at the time of removal of the principal structure;and
WHEREAS,at the Owners' request, the City intends to issue a demolition permit
to allow the principal structure to be removed and allow the nonconforming accessory
structure(s) to remain on the Subject Property without a principal structure subject to the
provisions of this Agreement;and
WHEREAS, the Owners intend to, upon demolition of the principal structure,
immediately replace the principal structure on the site with a new principal structure for which
Building Permit application#2013-00100 has been submitted; and
WHEREAS, the Owners agree that the Sheds will be removed if construction of
the new principal structure is not started within 120 days of the demolition permit issuance.
Page 1 of 4
e
NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Owners may retain the existing nonconforming accessory structure(s), the Sheds, subject
to the following conditions:
A) Owners 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 receive a Certificate of Occupancy within
2 years of building permit issuance.
B) The Owners agree to submit an escrow in the amount of $2500.00 with the
demolition permit. The escrow shall be held until the as-built foundation survey
is submitted for the new residence.
C) In the event that any activity described in item A has not been accomplished
within the defined timeframe, the Owners shall remove the Sheds at the Owners'
expense.
D) If the Owners fail to perform their removal obligations per the above provisions,
the Owners hereby agree as follows:
1) The City may enter upon the property and remove the Sheds.
2) The City may assess any costs of removal to the subject property which exceeds
the escrow.
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. The Owners of the Subject Property consent to the execution of this Agreement and to its
terms,as shown by their signature(s)upon this document.
4. Owners 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.
Page 2 of 4
CITY OF ORONO:
By: f /.
Pts /./
Ma or
By:
--e c..iL ? Do
Its City Clerk
A
ACKNOWLEDGEMENT p¢l3
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this .ZS day of
, 2013 by J , the
of the City of Orono on behalf of the municipal corporation.
Notary Public
ACKNOWLEDGEMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
f ortA , 2013 by 7 LGA_ , the
( (JJ p h F- i of the City of Orono on behalf of the municipal
corp
Notary Public
Page 3 of 4
Owner(s):
By. )13 •
ACKNOWLEDGEMENT(APPLICANTS)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this is day of
cera-ty3 , 2013 by and
(husband and wife)as their free act and deed.
MAUREEN F MURPHY Notary Publiic��� —d'
'� Jl NOTARY PUBLIC MINNESOTA
MY COMMISSION;:°P!RES 1/31/17
Page 4 of 4
CITY OF ORONO I!!, '� I �'' �� �'� I�I I i 1''
2750 KELLEY PARKWAY * 2 1 S - 0 0 1 28
DATE ISS - 00
SSUED: 02/22/2013
ORONO,MN 55356-
(952) 249-4600 FAX: (952) 249-4616
ADDRESS : 665 ORCHARD PARK RD
PIN : 31-118-23-11-0005
LEGAL DESC : UNPLATTED 31 118 23
: LOT 000 BLOCK 000
PERMIT TYPE : ESCROW FEE-OTHER
PROPERTY TYPE : RESIDENTIAL
CONSTRUCTION TYPE : ESCROW FEE-OTHER
NOTE: THIS$2500 ESCROW IS FOR THE ACCESSORY STRUCTURE FOR 665 ORCHARD PARK RD-PD CHECK#6184
BY WILLIAM&MOLLIE REYNOLDS
APPLICANT ESCROW FEE-OTHER 2,500.00
REYNOLDS, WILLIAM&MOLLIE TOTAL 2,500.00
3630 LIVINGSTON AVE
WAYZATA,MN 55391-
(612)940-5747
OWNER
REYNOLDS,WILLIAM&MOLLIE
3630 LIVINGSTON AVE
WAYZATA,MN 55391-
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be performed according to
the approved plans and specifications,applicable City approvals,and the
State Building Code. This permit is for only the work described and does
not grant permission for additional or related work which requires separate
permits. All provisions of laws and ordinances governing this type of work
shall be compied with whether or not specified herein.This permit will
expire and become null and void if construction authorized is not
commenced within 180 days of the date of issuance,or if construction is
suspended for a period of 180 days at any time after work has commenced.
The applicant is responsible for assuring all required inspections are
requested in conformance with the State Building Code.This permit may be
revoked at any time for due cause.
Applicant Permitee Signature Date Issued By Signature Date
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.