HomeMy WebLinkAbout5I - Storage of a Structure on Property at 16037 Tahinka Place NW
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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JUNE 15, 2009
51
JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AGREEMENT
TO ALLOW THE TEMPORARY STORAGE OF A STRUCTURE ON THE
PROPERTY AT 16037 TAHINKA PLACE NW
Introduction
The purpose of this agenda report is to consider a resolution approving an
agreement with Gerald and Theresa Schrank to allow the temporary storage of a
vacant and unoccupied structure on the property located at 16037 Tahinka Place
NW. If the property owner fails to remove the structure within 90 days of the
agreement (September 15, 2009), the City will do the necessary work and use
the owner's letter of credit to pay the costs.
Historv
Gerald and Theresa Schrank currently own two adjacent lots in the Bluffs of
Northwood Meadows. The original house, built in the 1970's, currently stands at
16046 Tahinka Place NW. The Schrank's sold this lot to a builder, and are
working on an arrangement to move the existing house to a permanent location.
In the interim, the Schrank's would like to move and temporarily store the vacant
structure to the lot next door, at 16037 Tahinka Place NW. They own this lot as
well.
Just as a matter of interest, the house discussed in this report is the same house
referenced in the update on the agenda report dealing with the sale of the City's
vacant lot to Habitat for Humanity.
Current Circumstances
Normally, we require a house to be demolished or moved to a permanent
location immediately. However, the staff believes 90 days is a reasonable time to
make arrangements to move the house to a more permanent site. The Schranks
have submitted a letter of credit for $6,500 to cover the cost of demolishing the
structure.
The attached agreement outlines the conditions of the temporary storage. The
structure and lot must be maintained in a safe condition and in a way that it is not
an eyesore in the neighborhood. If the owners fail to move or demolish the
house by the deadline, the City has the right to enter the property and demolish
the structure.
The City Attorney has reviewed and approved the attached agreement.
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www.cityofpriorlake.com
ISSUES:
In the past year, the City has dealt with several complaints about vacant
structures. It is not our intent to allow creation of more of these complaints. In
this case, there are few established neighbors, and the lot next door will be
undergoing construction. The relatively short timeline ensures removal of the
structure before winter and before the new house is occupied. The agreement
also provides a letter of credit which will allow the City to demolish the structure if
necessary and at the owners' expense.
FINANCIAL
IMPACT:
The letter of credit ensures any costs to the City will be recovered,
ALTERNATIVES:
1. Adopt the attached resolution approving the agreement to allow the
temporary storage of a vacant and unoccupied structure on the property
located at 16037 Tahinka Place NW.
2. Other action as directed by the Council.
RECOMMENDED A motion and second adopting a resolution approving the agreement allow the
MOTION: temporary storage of a vacant and unoccupied structure on the property located
at 16037 Tahinka Place NW.
Reviewed r:,J I
Frank Boyles, City M
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RESOLUTION 09-xxx
A RESOLUTION APPROVING AN AGREEMENT TO ALLOW THE TEMPORARY STORAGE OF A
STRUCTURE ON THE PROPERTY AT 16037 TAHINKA PLACE NW
Motion By:
Second By:
WHEREAS, The Owner is the fee owner of the following property described in Scott County,
Minnesota, legally described as follows, to-wit:
Lot 2, Block 2, Bluffs of Northwood Meadows, and having a street address of 16037
Tahinka Place NW (the "Property").
and
WHEREAS, The Property is currently vacant; and
WHEREAS, The Owner desires to move an existing house ("Structure") located at 16046 Tahinka
Place NW and temporarily store the Structure on the Property; and
WHEREAS, The City is willing to permit the temporary storage of the Structure on the Property by
the Owner, subject to the following terms and conditions of this Agreement.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council hereby authorizes the Mayor and City Manager to enter into an agreement with
Gerald and Theresa Schrank to allow the temporary storage of a vacant and unoccupied structure
on the property located at 16037 Tahinka Place NW.
3. In the event the property owner fails to remove or demolish the structure by September 15, 2009,
the City may demolish the structure in accordance with the agreement.
PASSED AND ADOPTED THIS 15th DAY OF JUNE, 2009.
YES
NO
Haugen
Erickson
Hedberg
I LeMair
I Millar
Haugen
Erickson
Hedberg
LeMair
. Millar
Frank Boyles, City Manager
www.cituofpriorlake.com
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Phone 952.447.9800 / Fax 952.447.4245
AGREEMENT FOR TEMPORARY STORAGE OF VACANT STRUCTURE ON PROPERTY
Agreement made this 15th day of June, 2009, by and between the City of Prior Lake,
Minnesota, a Minnesota municipal corporation ("City"); and Gerald D. and Theresa M. Schrank,
a married couple ("Owner").
RECITALS
A. The Owner is the fee owner of the following property described in Scott County,
Minnesota, legally described as follows, to-wit:
Lot 2, Block 2, Bluffs of Northwood Meadows, and having a street address of
16037 Tahinka Place NW (the "Property").
B. The Property is currently vacant.
C. The Owner desires to move an existing house ("Structure") located at 16046
Tahinka Place NW and temporarily store the Structure on the Property.
D. The City is willing to permit the temporary storage of the Structure on the
Property by the Owner, subject to the following terms and conditions of this
Agreement.
AGREEMENT
In consideration of the foregoing and the mutual covenants herein, the parties agree as
follows:
1. The recitals set forth above are incorporated herein
2. Temoorarv Storaoe Permitted. The City hereby approves the temporary storage
of the Structure on the Property subject to the following conditions:
a. While stored, the Structure must be secured according to the provisions of
Prior Lake City Code Section 605.700. "Secure" may include, but is not
limited to, installing locks, repairing windows and doors, boarding
windows and doors, posting "no-trespassing" signs, installing exterior
lighting or motion-detecting lights, fencing the property, and installing a
monitored alarm or other security system.
b. The Structure must be moved to its permanent location or demolished by
September 15, 2009.
c. A letter of credit in the amount of $6,500.00 to cover the cost of demolition of
the Structure must be maintained.
d. If the Structure is not removed by September 15, 2009, the City has the right
to enter the Property and remove the Structure, and use the Letter of Credit
to pay for the cost of the demolition plus any expenses incurred by the city to
enforce this agreement.
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3. Maintenance. The Property shall be solely responsible for the maintaining the
stored Structure and Property as may be reasonably necessary to maintain such improvement
in good repair and in a condition that does not constitute an eyesore in the neighborhood.
4. Lienholders' Consent. Any person claiming an interest in the Property, whether
as mortgagee, lienholder, or otherwise, must consent to the terms and conditions of this
Agreement and agree to be bound by the terms and conditions hereof.
5. Termination. The City may, at its sole discretion, terminate this Agreement at
any time by giving the Owner of the Property ten (10) days written notice to remove the
Structure. The Owner shall remove or demolish the Structure on or before the date set out in
the notice of termination. The cost to remove the Structure is the sole responsibility of the
Owner. If the Owner fails to remove or demolish the structure, as required hereby, the City may
do so and use the Letter of Credit provided for in Paragraph 2C to pay for the cost of removal of
the Structure.
6. Riaht of Entrv. The Owner hereby consent and grant unto the City, its
contractors, agents and assigns, the right to enter upon the Property and commence all
activities therewith, for the purposes of removing the stored Structure.
7. Hold Harmless and Indemnitv. The Owner shall indemnify, defend and hold the
City and its employees, contractors, agents, representatives, elected and appointed officials,
and attorneys harmless from any and all claims, damages, losses, costs and expenses,
including attorneys' fees, arising from, based on, or related to the Owner being allowed to
temporarily store the vacant structure on the Property, including, but not limited to, any claim
asserted against the City as a result of the failure of the Owner to maintain the Property in such
a condition as to prevent against injury to persons or property.
8. Entire Aareement. This Agreement contains all the terms and conditions relating
to the storage of the Structure on the Property and replaces any oral agreements or other
negotiations between the parties. No modifications of this Agreement shall be valid until they
have been placed in writing and signed by all parties hereto.
CITY OF PRIOR LAKE
PROPERTY OWNER
By
Jack Haugen, Mayor
Gerald D. Schrank
And
Frank Boyles, City Manager
Theresa M. Schrank
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
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The foregoing instrument was acknowledged before me this day of , 2009,
by Jack Haugen, Mayor of the City of Prior Lake, Minnesota, a municipal corporation on behalf
of the corporation.
NOTARY PUBLIC
STATE OF MINNESOTA )
) SS.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2009,
by Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipal corporation on
behalf of the corporation.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this
2009, by Gerald D. Schrank and Theresa M. Schrank.
day of
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
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Scott County, MN
Property Information
ParcellD: 254590140
Taxpayer Name: GERALD D & THERESA M
Taxpayer Address1: 25553 FAIRLAWN AVE
Taxpayer Address2:
Taxpayer Address3: WEBSTER MN. 55088
Property Address1: 16037 TAHINKA PL NW
Property Address2: PRIOR LAKE MN
School District: 719
Estimated Land Value: $150,000
Estimated Buildings Value: $0
Total Estimated Market Value: $150,000
Home Style:
Prime Square Footage:
Bedrooms:
Bathrooms:
Year Built:
Last Sale Date:
Th.. drawing is neither a legally reC<lrded map nor a survey and is not
intended to be used as (me. This drawing is a compilation of records,
information, and data located in various city, county, and state otTiees, and
other sources affecting the are.a shawn, and is to be used for reference
purposes only. Scott County is not responsible for any inaccuracies herein
contained. If diserepancies are found, please contact the Scott County
Surveyors Office.
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Last Sale Value:
Deeded Acreage: 0.43
GIS Acreage: 0,42629
Zoning Classification:
Legal Descrjltion: Sect-04 Twp-114
Range-022 BLUFFS OF NORTHWOOD
Plat Name: PLAT-25459 BLUFFS OF
Block: 2
Lot: 2
Septic Type:
Date Installed:
Tank 1 Capacfty:
Tank 2 Capacfty:
Pump Tank Capacity:
Date of Last Pump:
Unique Well & Boring No,:
Well Depth Dr~led:
Well Date Drilled:
Map Scale
1 inch = 100 feet
N
W+E
S
-... ,~.,.
(SCott
Map Date
6/3/2009
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