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Home My WebLink About11/13/18 Agreement (Not Filed) (reserved for recording) ENCROACHMENT AGREEMENT AGREEMENT made this /3fk day of /Vomrrlbtr ,20 1,8 ,by and between the CITY OF ORONO,a Minnesota municipal corporation("City"), and Gregg Smith and Melanie Anderson ("Owners"). 1. BACKGROUND. Owners are the fee owner of certain real property located within the City of Orono, Hennepin County, State of Minnesota, legally described as follows: Parcel 1: (per Certificate of Title No. 1450186) The Southeast 20 feet of Lot 11 O; and Lot 99 and the Southeasterly 1/2 of Lot 100, including all land between the Northeast line of Lake Shore Avenue and Lake Minnetonka and bounded on the Southeast by the Southeast line of said Lot 99, extended to Lake Minnetonka and bounded on the Northwest by the Northwesterly line of said Southeasterly 1/2 of Lot 100 extended to Lake Minnetonka and including the vacated portion of Lake Shore Avenue lying adjacent to said premises, Spring Pork. Torrens Property. Parcel 2: The Southeasterly 90 feet of Hennepin County, Minnesota. Abstract Property. Lot 110, Spring Pork, EXCEPT the Southeasterly 20 feet thereof Error!Unknown document property name. with a street address of 2895 Casco Point Road, Orono,Minnesota ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property. Owners want to construct a two foot retaining wall on the Subject Property which encroaches on the City's drainage and utility easement areas(the"Improvement(s)") as depicted on the sketch attached hereto as Exhibit"A". 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in the City's easement areas on the Subject Property for the Improvement subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: • The City shall have no responsibility to maintain or repair the Improvement located within the City's easement areas. • The Improvement located on the Subject Property must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • The Owners are fully responsible and liable for any and all damage caused to the Improvement because of the Improvement being constructed in the City's easement areas. • The owner of the Subject Property will own and maintain the Improvement. Further, Owners agree that the Improvement shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easement areas,Owners, for themselves,their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the Improvement in the City's easement areas, caused in whole or in part by the encroachment into the City's easement areas. 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the easement areas for drainage or utility purposes and the Improvement is inconsistent with the City' s use of the easement areas. Prior to termination, the City will give the then owner of the Subject Property thirty(30) days Error!Unknown document property name. 2 advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owner shall remove that portion of the Improvement to the extent it impacts the easement areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the Improvement to the extent it impacts the easement areas and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. IN WITNESS WHEREOF,this Agreement was executed by the parties the day and year first above written. CITY OF ORONO: By: (SEAL) Dennis Wal* ,Mayor And r►r1a_ C0.rl5on , City Clerk STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 3 day of Ala tiem hey , 201g,by Tennis L3o.15k and by 4nna CcurlSorL respectively,the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. dart'P lic Nola J.Dickhausen t a, Notary Public Minnesota PROPERTY OWNER(S): "•, :; :,,,.='MyCommon Expires January 31,2022 Error!Unknown document property name. 3 '/ • STATE OF MINNESOTA ) ( ss. COUNTY OF W,(4.464.) ) The foregoing instrument was acknowledged before me this I cifday of veiisk-/-r. / 20/g,by F7 /—'-t G.€‘4 61 S/-1 (T%-i- ,husband and wife/a single person. Notary Public ''" '4° SANDRA KAY McGOWAN PM CCMASSION WIRES 1.31,202) DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road,#290 Telephone: (651)452-5000 SMM Error!Unknown document property name. 4 Exhibit A CERTIFICATE OF SURVEY FOR CAsc GREGG SMITH ,, POuIN 41.. IN LOTS 99, 100 & 110, SPRING PARK Rn A ...z..1 I) k HENNEPIN COUNTY, MINNESOTA ;R.-.3lcoou,._0 P -.g L. t,018°01 lL.)0 ; ----. ; ''',.0C? ° 0 L- 0's, .- i.....L.--97.49- --''' ,,,r*1•5', S',41 Fr \ „,fe...,'',,_ .-.'•,,. ' !"---! ,. k `,^:,a• .'..., '"'"'414' 0 g'4 \ / ,, . -0 7- c.,' 'r '''-.. -e•-"4-.5'! if" cci i 2 ,•••-, '''%, ;\ „,,„ "P----".1•09 zrr, \..'0,A::11.'•-',1,117 _ / '"• \0.."- . ...,9- , • •0,,.. r ,-. -•• ', / c) ,- IX 0 0 / ,,...•./// 1 0 1 /t•'' ,c,‘,4.1,','e4",1/.;,?,-„\4O/AV 0.--:0•e/.'S.,'•.-•.,•.4•r,),„.•‘//0,...‘•- ••- '.;.0.',''''4;',., ....,,.,,..'',,,',t , LOT , , / // EXIFHG /:''/ I \ . , // HOUSE ' ii ,CA, , CI:=D0 ez_ — , \ ,,/ ,,e,• , .i,, ,nekskod_Los , .,„,.. . . j.,‘ , -/ 0 \ L, 5 / ,,,' I,,,S „s, '... ,it, /' .-- 8 , '-'.. e'' -• \ /( ,,' -..d_,"'” N'-'" .''.,ii- ., 01 .,,,,,,„. — -.',- ,-..,, , ,,, , .,,. /..- --q*.- \ -, ..,. \ , //' s . ..„ \/0/0. ,,,,,,,I,,,PROPOSED,9 .,<P.',,,i,\ ' ---- `. 4.`/„0,.,.. N , 7 \ ''.://' .. - HOUSE \ / , \ 7 / /• .. #2805 st '..t.et4' 21141 —4= A / \ \ '‘ ,-,c; •-•- ••\ - gi— " • \X' \ av\- ; i ..4 1,..r.; • . _!.Y ', t '';'/,;4,/ 111'?....;' ‹V ,Aitef'' z 98 .. . _ --,-5• / ,/ •,. , ‘.,,,..s. \ .4+I'''' - .‘, 4 EXISTING 440.,• / It! 11 ,iv,,•,„,‘ ‘• / \ 1/K ' 7\.•.., ,,,,..„,',10.1.5,- ;pl.,,,,,, HOUSE \\\ \• / • • • '• ' ' / •,,. 01,. RPM itli 1 I \\\\\ vs' zi \ '''' '' \ / ' \ 1-''' ..C' PROPOSED ELEVATIONS.(per builder,verify) Itts..,. L, t„ ,..,:,. 1 b33 N1 1)Cartage=CROP \\\\.‘\ '‘kt:k..h i .„\\,1, Ti,.Ife.,„..,.,, .,,f—;,.. . . /,'; vtiz 2)Top of foundation-1951.81 ' ' (s\\ 6ec,,,,,'L ..4 Main floor X'' -II.'. Fte, •• • \ R eta= / 4)Basement=ja43.0I i J., ,6 \ \ I :$ ,"?;.'z:\t" \\,‘ -- LEGAL DESCRIPTION OF PREMISES: !Hi ;,,, ..",„, \, / '77,,,,-,.e.,..,f. _, ,,,,‘ //// Parcel 1:(per Certificate of Title No.1450186) i ///‘tiFII".• '' The Southeast 20 feet of Lot 110;and Lot 99 and the Southeasterly 1/2 of Lot 100,including all land between the Northeast line of \'., ' /I / j .4''r4,. ( ' \ \ '7/ Lake Shore Avenue and Lake Minnetonka and bounded on the Southeast by the Southeast line of iirRSc..T.j.' N 'LL'1 ; ' 1 't:' \4 \ ` -- \\,(// said Lot 99,extended to Lake Minnetonka and bounded on the Northwest by the Northwesterly \\ \ , \..J. \.,z, , ,,, K,•-•;7. line of said Southeosterly 1/2 of Lot 100 extended to Lake Minnetonka and including the vacated portion of Lake Shore Avenue lying adjacent to said premises,Spring Park. \\ , \, \ • t& \ Torrens Property. \ Parcel 2: LAKE ‘, '''' • \ , \\ e' s,':'..-%,._.. \\\,.',:\ "S, The Southeasterly 90 feet of Lot 110,Spring Park,EXCEPT the Southeasterly 20 feet thereof, Hennepin County.Minnesota. \•44,\‘',\L\\ 5,\ ‘‘'‘ N Abstract Property. i L\ ,\ \‘'`‘''• ; MINNETONKA ,, %\\''‘ ‘‘ \',,‘ \ •: denotes iron marker found (908.3): denotes existing spot elevation,mean sea level datum N• ‘,, \ \ jsto.at: denotes proposed spot elevation,mean sea level datum 1 SPRING PARK BAY '‘• ---917.--, denotes existing contour line,mean sec level datum X Ma : denotes proposed contour line,mean sea level datum Bearings shown are bused upon an assumed datum. This survey intenasta show the boundaries of the above described property,the h! location of an existing house,to be removed,trees,spot elevations,topography and adjacent houses,and the proposed location of a proposed house.driveway and grades thereon.It does not purport to show any other improvements or encroochrnents. 1 5 1 iii =mt.= 113-290A .. ,