HomeMy WebLinkAboutOrono - E.A. 9012281Doc No 9012281 07/25/2007 09:11 AM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H_ Cunniff, County Recorder
TranslD 329403
Deputy 5
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this 7-?, day of W10 , 2007 by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City") and CRAIG R. OLSON and REBECCA D.
OLSON, husband and wife ("Olson").
1. BACKGROUND.
A. The City is the fee owner of certain real property in the City of Orono, County of
Hennepin, State of Minnesota located at 4795 North Shore Drive and legally described as Lot 10, Block 6,
BERGQUIST & WICKLUNDS PARK, Except Road, (hereinafter the "City Parcel').
B. Olson is the fee owner of certain real property in the City of Orono, County of
Hennepin, State of Minnesota located at 4775 North Shore Drive and legally described as Lots 8 and 9 and
the Northwesterly Y2 of Lot 7, Block 6, BERGQUIST & WICKLUNDS PARK (hereinafter the "Olson
Parcel').
C. Olson has constructed a retaining wall with landscaping which encroaches into the
adjacent City Parcel as shown on the attached survey drawing.
2. ENCROACHMENT AUTHORIZATION. The City approves the encroachment of the
retaining wall and landscaping within the City Parcel as shown on the attached survey drawing, subject to
the conditions set forth in this Agreement. The existing retaining wall and landscaping shall not be
13213301 ] (Abstract Property)
SRN:06/07/2007
removed without prior written approval by the City and no additional retaining walls, fences, or other
structures may be placed within the City Parcel or within any City -owned drainage and utility easements on
the Olson Parcel without prior written approval by the City.
3. MAINTENANCE AND REPAIR OF RETAINING WALL. Olson shall be solely
responsible for all costs relating to the maintenance and repair of the retaining wall and landscaping on the
City Parcel, including any damage to the retaining wall and landscaping caused in whole or in part by any
use of the City Parcel. This maintenance agreement is a personal obligation of Olson and shall be binding
upon the executors, administrators, successors, and assigns of Olson.
4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach
on the City Parcel, Olson, their successors, 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 Olson of permission for the retaining wall and landscaping to encroach on the City Parcel.
5. TERMINATION. If the retaining wall and landscaping on the City Parcel interfere with
the use, maintenance or repair of City Parcel or the use, maintenance or repair of the utilities within the
City's drainage and utility easements on the Olson Parcel, Olson shall remove the interference, at their sole
expense. If Olson fails to remove any interference as provided in this paragraph, then the City may, at its
sole discretion, terminate this Agreement at any time by giving Olson, their successors, heirs and assigns,
thirty (30) days advance written notice, and may then remove the interference and charge the cost to Olson
or have it assessed against the Olson Parcel.
6. RECORDING. This Agreement shall be recorded against the title to the City Parcel and
the Olson Parcel and shall be binding upon the parties name herein, their heirs, assigns and successors in
interest.
13213301 Z (Abstract Property)
SRN:06/07/2007
CITY OF ORONO
BY: . /-
es M. White, Mayor
AND
Linda S. Vee, City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
4CRAIG R. • a./
l �! _ .tlL
The foregoing instrument was acknowledged before me this _C2�� day of r. 2007, by
James M. White and by Linda S. Vee, 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.
STATE OF MINNESOTA )
( ss.
COUNTY O � )
JACQUELYN M. YOUNG
Notary Public -Minnesota
The foregoing instrument was acknowledged before me this 2-0 day of 2007, by
CRAIG R. OLSON.
CHRISTINE M. MATTSCIN
STATE OF MINNESOTA ) my 600jaa.200e
(ss.
COUNTY OF�ltont52W_ )
The foregoing instrument was acknowledged before me this 2A day of Ju -r1 P- 2007, by
REBECCA D. OLSON.
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SRN:ms
13213301
SRN:06/07/2007
AM MICHELLE M. FONTANES
VW Notary Public - Mlnnetm
*9= Jan, 2/ 201
(Abstract Property)
f�ctN6rr AI
FOR; 77OLsN
a A," (r, 4-7-75 goVq* SHrnFbibc
oRouo
INFOP,A1Wg00 Feb, Fm.,,
/9 eu&y DA o: Fee 29,pb8
101�4r F
W/°phi' J-!
z+Mao
Lit.
`9Sd
\\ .:
van
O DiGq ` 'V,
! \\ \
Qr R
faA F�Dvezrt Aesq Aso 9-s \
19454 4%'9�S a
Rees iJ 75-zSo- IU
8xlsting Description: �Ak
Lot. 8 and 9 and j of Lot 7 adjacent to Lot 8) Block 6, BBRGQUIST AND WICBLUND'S PARR,
Hennepin County, Minnesota
I hereby certify that this is a true and correct representation of a survey of the boundaries
of Ins pVDUf ptsUri pA 9'0?e'i4 'h gFVAP.PI1 County. Minneeo to se on file and of record
in the Office of the County Recorder in and for said County,
That Ism a duly Registered Land SUry�yor under the Laws of the State of. Minnesota.
Dated: fYbA� 21 2007
REJKBD Y111W 29, 2.007 r
RECEIVED
MAY 3 1 2007 alien n. xaetin o.
Minnesota Regletratlon No. 11009
CITY OF ORONO 212 nwat AVeme 8.
Suite i:G.
TITLE OPIOK)0 fUPWISNEDTO UAI E. Shaka ee, Ming .027 53379