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HomeMy WebLinkAbout2013-00128 - escrow fee III1III 111_ IIHHIllIIIII CITY OF ORONO * 2 0 1 3 - 00 1 2 8 2750 KELLEY PARKWAY DATE ISSUED: 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,cAs OR[fl,41U)&4,K RD-PD CHECK#6184 BY WILLIAM&MOLLIE REYNOLDS 2756 Kelley Parkway. Orono Ni S53.5-; `a52-249-46 Receipt No 3.108455 Feb 22, 2013 Mollie & William 'Reynolds Planning and Zoning Acceessory Structure 2,50^..(t Escrow - b65 Orchard Park Rd 101-2205 Deferred Rev-Developer Deposit Total: `,500.00 Check Check No: 6184 2,500.0b Payor: Mollie & idilliaa: Reynolds Total Applied: 2,504.00 Chante Tendered: — - 00 • 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. 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 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: etalAr By: L ,c_A—' ,DocrefrQ____ Its City Clerk A neip(-k1 ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013 by a,c , the of the City of Orono on behalf of the municipal corporation. G� )--A-d2_4r-e10 Notary Public ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this S day of LYIA st.„v,1 , 2013 by 7 t 7)75,�,P ` Q , the 1A p,h J- i of the City of Orono_o_nbbehalf of the municipal corporation./ Notary Public Page 3 of Owner(s): • By: . )13 �c ACKNOWLEDGEMENT(APPLICANTS) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ca_ day of , 2013 by and (husband and wife) as their free act and deed. ° ;. ; MAURFEEMURPHY Notary Public r NOTARY PI.IBLA. MINNESOTA MY COMMISSION ;PIRES 1131117 Page 4 of 4