HomeMy WebLinkAbout2010-057 (Agreement)2.0 Recitals.
DISEASED TREE
ABATEMENT AGREEMENT
1.0 Parties. This Diseased Tree Abatement Agreement "Agreement is entered into by and
between the City of Arden dills, a Minnesota statutory city "City and Michael D.
Johnson and Lisa D. Johnson (collectively "Johnson
A. Johnson is the fee owner of residentially zoned property located at 3223 Lake
Johanna Blvd., Arden Hills, MN "Property which is legally described as
follows:
The east 217.8 feet of the south 1 00.0 feet of the north
1576.0 feet of the southwest quarter of Section 33,
Township 30, Range 23; except the east 33 feet thereof for
Lake Johanna Blvd.
B. The remains of a diseased Dutch Elm tree "Elm Tree as shown on Exhibit A
attached, is located on the Property.
C. Pursuant to the provisions of the Arden Hills City Code §710.12 and its
subdivisions "Shade Tree Regulations the Elm Tree is declared a public
nuisance which needs to be abated.
D. Johnson has requested that the City remove the Elm Tree and assess the cost of
removal against the Property.
3.0 Terms. In consideration of the mutual undertakings herein expressed, the parties agree
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as follows:
A. Johnson Acknowledgement. Waivers and Requests.
1. Johnson acknowledges that it has received, reviewed and understands the
provisions of the Shade Tree Regulations.
2. Johnson, for itself and its heirs and assigns:
a. Waives any further notices or hearings which it may otherwise be
entitled to pursuant to the Shade Tree Regulations.
b. Requests the City to remove the Elm Tree and dispose of the Elm
Tree pursuant to the provisions of the Shade Tree Regulations.
c. Authorizes the City and its agents, contractors and employees to
enter upon the Property for the purpose of removing and disposing
of the Elm Tree; provided that the City gives Johnson at least two
B. City's Responsibilities.
(2) days advance notice of its intent to enter upon the Property for
such purpose.
d. Assess all actual cost incurred by the City for the removal and
disposal of the Elm Tree. Current estimated cost for tree removal
and disposition is $660.49.
1. On or before the 1 day of December, 2010, the City or its contractors
shall remove the Elm Tree from the Property.
2. Upon completion of the removal and disposal of the Elm Tree from the
Property, the City Council shall adopt a resolution directing the Ramsey
County Auditor to assess the Property for the cost actually incurred by the
City to remove the Elm Tree. The assessment shall be paid in three (3)
equal annual installments and shall bear interest at the rate of 4.5% from
the date of the adoption of the resolution. The first installment shall be
due and payable in 2011.
4.0 Restoration of Property. Johnson shall be responsible for restoring the Property after
the Elm Tree has been removed.
5.0 Legal Document. This Agreement is a legally binding document and each of the parties
has had an opportunity to review its terms with legal counsel.
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ATTEST:
IN WITNESS WHEREOF, the above -named parties have hereunto set their hands.
Patrick Klaers, City Administrator
STATE OF MINNESOTA
ss.
COUNTY OF
On this day of1,11Ky_tiAe, 2010, before me, a public ublic within and for said
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county, personally appeared Stanley Harpstead and Patrick Klaers, to me known to be
respectively the Mayor and City Administrator of the City of Arden Hills, and they executed the
foregoing instrument and acknowledged that they executed the same by authorit y of and on
behalf of City of Arden Hills.
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Notary Public
CITY OF ARDEN H
a Wit,. esota sta tory city
Stan l arp ead, ayor
SHERRI ANN EISENBRAjN
Notary Public
Minnesota
My Commission Expires Jan. 31, 201
STATE OF MINNESOTA
Arden HillsVkgreenients\AB-Johnson.v6.doc
s
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Michael D. Johnson
On this 3 'day of N o very) 2010, before me, a notary public within and
for said county, personally appeared Michael D. Johnson and Lisa D. Johnson, husband and
wife, have executed the foregoing Agreement and acknowledged the same.
Notary Public