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Home My WebLink AboutEncroachment Agreement 11-26-18 1111 111111111 11111 111 11 Doc No T05584518 Certified, filed and/or recorded on Dec 21, 2018 12:08 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 58 Pkg ID 1773488E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1459310 This cover sheet is now a permanent part of the recorded document. (reserved for recording informatdon) ENCROACHMENT AGREEMENT AGREEMENT made this 2.L�day of o�fem6er , 201�, by and between the CITY OF ORONO, a Minnesota municipal corporation ("�ity"), and JAMES CASSENS and KIMBERLY CASSENS, husband and wife ("Owners"). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: Parcel ID No. 02-117-23-31-0057 Lots 8, 9, 16 and 17, Block 13, "Minnetonka Bluffs" (torrens property) having a street address of 570 Orono Orchard Road South, Wayzata, Minnesota 55391 ("Subject Property"). The Owners have created a second access for ingress and egress to the Subject Property by grading and adding gravel ("Improvement"), which encroaches upon the City's right- of-way, located at the rear of the Subject Property connecting to Barrett Avenue. Owners desire to keep the Improvement which encroaches in the City's right-of-way area located within the Subject Property as depicted on the sketch attached hereto as Exhibit"A". 199882v2 1 , 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of the Improvement within its right-of-way easement on the Subject Property subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follows: • The City shall have no responsibility to maintain or repair the Improvement located within the City's right-of-way area. • The Owners shall own the Improvement and shall be responsible for the maintenance, repair and/or replacement of the Improvement located within the City's right-of-way area. • 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 right-of-way area. Further, Owners agree that the Improvement was constructed consistent with a11 applicable federal, state and locallaws and regulations. 3. INTEREST IN RIGHT-OF-WAY. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's interest in the right-of-way. 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach within the City's right-of-way area, Owners,for themselves,their heirs and assigns,hereby agree to indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney's fees, relating to or arising out of this grant to the Owners of permission to encroach on the City's right-of-way easement are for the construction, maintenance, use, operation, and the like of the Improvement. 5. TERMINATION OF AGREEMENT. If the Improvement interferes with the use, maintenance or repair of the City's right-of-way and/or utilities within the right-of-way,the property Owners shall remove the interference at their sole expense. If the property owners fail to maintain 199882v2 2 the Improvement or fail to remove the interference as provided in this paragraph,the City may, at its sole discretion,terminate this Agreement by giving the current Owners of the Subject Property thirty (30) days advance written notice. The City may unilaterally terminate this Agreement if the Improvement interferes with any improvement or expansion of the City's right-of-way. This Agreement shall automatically terminate in the event of the voluntary or involuntary removal of the Improvement. 6. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF ORONO: By: (SEAL) Dennis Wa1sh,Mayor And Anna Carlson, City Clerk STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this�(o"day of �OV�GtM.laer , 20�,by Dennis Walsh and by Anna Carlson,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. a"R"'A ANDREA LEE HENTGES Notary Public � NOTARY PUBLIC-MINNESOTA �' My Cornmission Exp'vPs Jan.31,2023 � .. ,;p:. 199882v2 3 owlv s: ,. ,�_� _--- ._.__... o�,.,�., 1 . ��-�-�- es ssens � ��/� Kimberly Cassen STATE OF MINNESOTA ) , )ss. COUNTY OF �e ) The foregoing instrument was acknowledged before me this �� day of �,1��i1r , 201� , by James Cassens and Kimberly Cassens, husband and wife. �' R'�a ANDREA LEE HENTGES Notary Public � NOTARY PUBLIC-MINNESOTA �y' - ,� My CorrKnission ExP'res Jan.31,2023 �f��fiy DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 AMP/jmo 199882v2 4 EXHIBIT "A" Encroachment#or Barret n56 3- Avenue ROW with gravel � �� and grading from 570 Orono rt`��'7 �;� `�" - � � -' Orchard Road l �'' `�' � � ,. ��Q � , Enlarged image from sur�ey � � �� by Sather-Berquist, inc 1 . � . . 5.� g�5.1 dated 11l0912018 ��6I."`...;�.'! ;' �.�'f �' , . �� t 951.3=;'_. — -- �� ' _ _ _ � _ � t_��. 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