HomeMy WebLinkAboutEncroachment agreement-2007 Doc No 4517158 07/29/2008 12:00 PM
Certified filed and or recorded on above date: z'' `
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 427189 Deputy 55
New cert Cert Fees
663149 $1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$46.00 Total
(reserved for recording informahon)
ENCROACHMENT AGREEMENT
AGREEMENT made this cRl day of ))61 fM-bt-r , 2007, by and between the
CITY OF ORONO, a Minnesota municipal corporation("City"), and WILLIAM M. DUNKLEY
and SUSAN K. DUNKLEY,husband and wife("Owners").
1. BACKGROUND. The Owners are the fee owners of certain property located
within the City of Orono,County of Hennepin, State of Minnesota, legally described on the attached
Exhibit "A" and having a street address of 2709 Walters Port Lane (the "subject property"). The
Owners have made application to the City for a rebuild of their home and garage on the subject
property. The reconstruction of the home and garage would require a iakeshore setback of 30 feet
when normally the City's setback requirement is 75 feet.
2. ENCROACHMENT AUTHORIZATION. The City has approved the
encroachment on the lakeshore setback for a rebuilt home by the Owners. As part of the project,the
Owners are repairing the seawall adjacent to the inlet to Walters Port Cove. A portion of the sea
wall will be located within Lydiard Avenue. The work within Lydiard Avenue shall be done at a
time and in a manner that least interferes with the public's use of the beach area. Such time shall be
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agreed upon and approved by the City. The Owners shall be required to obtain a land alteration
permit and agree to restore the subject property as required in the land alteration permit. An escrow
agreement shall be executed contemporaneously with this Agreement to guaranty restoration will be
completed on the subject property.
3. INTEREST IN RIGHT-OF-WAY. Nothing in this Agreement shall be deemed a
wavier or abandonment of the City's interest in the right-of-way within Lydiard Avenue.
4. COST, MAINTENANCE AND REPAIR. In consideration of being allowed to
encroach on the City's right-of-way, the Owners shall be solely responsible for all costs relating to
the repair of the seawall.
5. HOLD HARMLESS AND INDEMNITY. The Owners, 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 the Owners of
permission by the City to encroach within the City's right-of-way. The Owners further agree to
indemnify and hold the City harmless from any damage caused, in whole or in part, by the
encroachment into the City's right-of-way and the City's use of the right-of-way.
6. TERMINATION. If the portion of the seawall within Lydiard Avenue interferes
with the use, maintenance, or repair of the City's right-of-way, the Owners shall remove the
interference, at their sole expense. If the Owners fail 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
the Owners thirty (30) days advance written notice, and may then remove the interference and
charge the cost to the Owners or have it assessed against the subject property.
7. RECORDING. This Agreement shall be recorded against the title to the subject
property and shall be binding upon the Owners,their heirs,assigns, and successors in interest.
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s
CITY OF ORONO
r
By: (,J Gum,
(SEAL) aT41 �
Mayor
And
Id , /h"°rS'e- City Administrator
OWN
Wi liam M. Dunkley
Susan K. Dunkley
STATE OF MINNESOTA )
(ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 2/` day of
2007, by C o l�rl e and by t�cL I d VY\o ►� 0'Q ,
respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal
corporation,on behalf of the corporation and pursuant to the authority granted by its City Council.
ko-k- La 000(
Notary Public
E
SOTA
NEEij
31,2010
13550002 3
STATE OF MINNESOTA )
(sS.
COUNTY OF� i n )
The foregoing instrument was acknowledged before me this day of
GLVY1lok v— ,2007,by William M. Dunkley and Susan K.Dunkley,husband and wife.
to
Notary Public
ANITA SPERRY
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2010
a7- .3� � �
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve,Suite#317
Eagan,Minnesota 55121
Telephone:(651)452-5000
SMM
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EXHIBIT "A"
TO
ENCROACHMENT AGREEMENT
Legal Description of Subiect Property:
Lot 4, Block 3, Walters Port,Hennepin County,Minnesota
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