HomeMy WebLinkAbout11-26-18 Encroachment Agreement (reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this 21i*day of .o4ern6er , 201 , by and between the
CITY OF ORONO, a Minnesota municipal corporation ("City"), 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".
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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 all applicable
federal, state and local laws 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
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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: 100 0
(SEAL) Dennis Walsh, Mayor
And 0/1/y/fA._
Anna Carlson, City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this a(t day of NIOVU,,b,Q,,, ,
2017,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.
OILAM4,01 .10LL aPA&4/1
.. NotaryPublic
.a
;�,1�.;•..'�A°:, ANDREA LEE HENTGES �
It.`` , NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2023
199882v2 3
1OWN ' S:
es .ssens
._/yA.,p),."6„..,,,
Kimberly Cassen
STATE OF MINNESOTA )
)ss.
COUNTY OF 1-1f1/41(1) n )
The foregoing instrument was acknowledged before me this day of
N�1��N1�p,Qr1r , 201 g , by James Cassens and Kimberly Cassens, husband and wife.
alkdaa`kiLL4 -ANDREA LEE HENTGES � Notary Public
,,t +1 . NOTARYMINNESOTA
•
My fission Expires Jan.32023
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 for Barret •s63
Avenue ROW with gravel , •
g1'
and grading from 570 Orono
Orchard Road .�`'` ' . . ' .:'
Enlarged image from survey 9551
by Sather-Berquist, inc j 5
dated 11/00/2018
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