HomeMy WebLinkAboutEncroachment agreement-2013 � : . ���� �����
Doc No A10000384
Certified, filed and/or recorded on
Aug 29, 2013 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
No delinquent taxes Mark V. Chapin, County Auditor and Treasurer
Transfer Entered Deputy 97 Pkg ID 1024186M
Aug 29, 2013 12:00 PM
Doc Name: Easement
Hennepin County, Minnesota
Document Recording Fee $46.00
Mark V. Chapin Document Total $46.00
County Auditor and Treasurer
P!D(�)
04-117-23-31-0020
This cover sheet is now a permanent part of the recorded document.
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(reserved for recording information)
� ENCROACHMENT AGREEMENT
AGREEMENT made this � Z day of �'l�� t..CS��201�, by and between the
CITY OF ORONO, a Minnesota municipal corporation ("City"), and JUSTIN KELLY AND
SUSAN KELLY,husband and wife,(the"Kellys").
l. BACKGROUND. The Kellys 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.04-1�17-23-31-0020
Lot 3 and the northerly 53 feet of Lot 4,Block 3,FOX BEND,
according to the recorded plat thereof, Hennepin County,Minnesota.
(Abstract)
having a street address of 2990 Sussex Road, Orono, Minnesota 55356 ("subject property"). T'he
City owns easements for drainage and utility purposes over portions of the subject property. The
Kellys want to plant and maintain a garden and construct a garden fence on the subject property
which will encroach into the City's easement areas as depicted on the attached survey sketch.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its easement areas on the subject property for the planting and maintenance of a
garden and the construction of a fence conditioned upon removable fence panels in areas where the
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fence encroaches on existing utilities and/or installation of gates having a cleaz span the width of the
easement for City access to its easement azeas. Further conditions of encroachment approval are as
follows:
• T'he fence must also allow water to pass under it so as not to impede overland water flow
during rain events.
• The fence must remain a minimum distance of five(5)feet from any drainage structures.
• T'he fence posts shall be placed on the subject property but not attached to the neighboring
fences.
3. HOLD HARMLFSS AND INDENIl�IITY. In consideration of being allowed to
encroach in the City's easement areas, the Kellys, for themselves. their heirs and assigns, hereby
agree to indemnify and hold the City hatmless from any damage caused to the subject property,
including the garden,fence and removable fence panels and/or gates on the subject property, caused
in whole or in part by.the encroachment into the City's easement azeas.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving 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 the Agreement may then be
terminated immediately. 'The property owner shall remove the garden and fence to the effective
date of the termination of this Agreement. If the owner fails to do so the City may remove the
garden and fence and charge the cost of removal back to the owner for reimbursement.
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5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the subject property.
CITY OF ORONO
By: � �
Lili Tod McMillan, Mayor �
(SEAL)
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN ) ���e �o�
The foregoing instrument was acknowledged before me this�� day of
, 20��y Lili Tod McMillan and by L���-�ee,respectively the Mayor and
City erk 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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�"�' MONICAA.FADNESS
�- -- -���= NOTARYPUBLiC-MINNESOTA NO ARY PUBLIC
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PROPERTY OWNERS:
Jus ' Ke 3�
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S lly �
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STATE OF NIINNESOTA �
•-�. CONNIE L KOPIETZ
�SS. •k_,. NpTAf�PUBLIC•MINNESOTA
COIJNTY OF HENNEPIN ) �'�. ��MMISSION EXPIRES 1l37l2015
Th foregoing instrument was acknowledged before me this � day of
201�,by Justin Kelly,husband of Susan Kelly.
NOTARY PUBLIC
STATE OF MINNESOTA )
�°�. CONNIE L KOPIETZ
�SS. � _: NOTAFIY PUBUC-MINNESOTA
COUNTY OF HENNEPIN � + + ��MMISSION EXPIRES tl31/2015
he foregoing instrument was acknowledged before me this � day of
201,�,by Susan Kelly,wife of Justin Kelly.
NOTAR PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve,Suite#317
Eagan,Minnesota 55121
Telephone:(651)452-5000
SMM/cjh
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