Encroachment agreement-2012 - Laserfiche WebLink

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r v� + ,�` � �� . � �32 ENCROACHMENT AGREEMENT AGREEMENT made this I o day of ,2 a I 2, by and between the CITY OF ORONO, a Minnesota.municipal corporation("City"), and TIMOTHY BING KOEHLER and DANIELLE TARA KOEHLER,husband and wife (collectively, "Owner"). 1. BACKGROUND. Owner is the fee owner of property with a street address of 4205 North Shore Drive, legally described as: That part of Lot 2, "Orchard Beach", lying Southeasterly of the following described line and its Northeasterly extension; Commencing at the Northeast corner of Lot 3, "Orchard Beach";thence on an assumed bearing of North along the Northerly extension of the East line of said Lot 3 a distance of 78.92 feet; thence on a bearing of West a distance of 89.50 feet to the point of beginning of the line being described;thence South 31 degrees 56 minutes 53 seconds West to the southwesterly line of said Lot 2 and there ending, Hennepin County,Minnesota. Subject to the easement for County State Aid Highway No. 19 as shovcm in Hennepin County Highway Plat No. 50 recorded as CR Doc. No 4746024. Subject to a perpetual easement for underground utility purposes in favor of the City of Orono as contained in CR Doc.No 3925296 and located in the City of Orono, County of Hennepin, and State of Minnesota ("Subject Property"). The City owns an easement for drainage and utility purposes over part of the Subject Proper�y. �wner wants to construct a connection between tne geothermal loop field to the residence on the Subject Property which would encroach on the CiTy's easement(the"Encroachment"). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the Encroachment on the City's easement except over existing utilities. It is the Owner's obligation to locate the existing utilities prior to commencing construction of the Encroachment. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easement, Owner, for itself, its successors and assigns,hereby agrees to indemnify and hold the City harmless from any damage caused to the Subject Property, in whole or in part, by the encroachment onto the City's easement. 166315