HomeMy WebLinkAboutEncroachment Agreement 111 11 1111 11 111 111 11
Doc No A10640841
Certified, filed and/or recorded on
Mar 6, 2019 8:24 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1797228E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
(reserved for recording)
ENCROACHMENT AGREEMENT
AGREEMENT made this 11th day of February, 2019,by and between the CITY OF
ORONO,a Minnesota municipal corporation("City"), and AJ Helgerson and Jillian Marie
Helgerson, (Husband and Wife) ("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:
Lot 15, Block 4, Orono Preserve
with a street address of 2870 Goldenrod Way, Orono, Minnesota 55356 ("Subject Property").
The City owns easements for drainage and utility purposes over portions of the Subject Property.
Owners want to place an Air Conditioning unit 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".
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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
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
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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: C-jkms'
(SEAL) Oe n rl i c j\f&15 k ,Mayor
And /
A-naa ( r- , City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �lik day of F°bruit v y
2019,by I)Cnria 14/a/5h and by Are& 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.
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a " ANDREA LEE HENTGES Notary Public
NOTARY PUBLIC-MINNESOTA
4.My Commission Expires Jan.31,2023
199463v1 3
PROPE ' Y 0,41'ER(S):
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STATE OF MINNESOTA )
( ss.
COUNTY OF l-1-,e�,1 e p•K )
The foregoing instrument was acknowledged before me this 04- day of 12.49v4-"J
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2019,by }r S. 14e-f5£►rSOY\ ,husband.
024(-4b4 Le_ ck6AL1 ,--),
ANDREA LEE HENTGES Notary Public
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".1 NOTARY PUBLIC-MINNESOTA
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COUNTY OF*-G>11,44,P.f h )
The foregoing instrument was acknowledged before me this 10+&day of ,
2019,by <V I (Liam U, 14-el e( OY% ,wife.
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ANDREA LEE HENTGES ti
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My Commission Expires NOTARY PUBLIC- lJan.31 2023
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DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,#290
Telephone: (651)452-5000
SMM
199463v1 4
EXHIBIT "A"
Insert Sketch
•
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