HomeMy WebLinkAbout2019 Encroachment Agreement with Orono (reserved for recording)
ENCROACHMENT AGREEMENT
AGREEMENT made this day of ►h , 2019, by and between the
CITY OF ORONO, a Minnesota municipal corporation ("City"), and BRYAN QUADERER,
a single person ("Owner").
1. BACKGROUND. Owner is the fee owner of certain real property located in the
City of Orono, County of Hennepin, and State of Minnesota, legally described as:
Lot 1 and Lot 2, Block 2, Bayside Addition to Lake Minnetonka,
with a street address of 235 Crestview Avenue, Orono, Minnesota ("Subject Property"). The
City owns a public right of way easement for transportation that abuts the Subject Property, and
the City has drainage and utility easements over and adjacent to the Subject Property
(collectively, "City's easements"). Owner desires to construct a private drainage system with
rain garden and a retaining wall on the Subject Property which will encroach on the City's
easements (collectively, the "Encroachments").
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
Encroachments on the City's easements except over existing utilities, and subject to the
conditions set forth in this Agreement. It is the Owner's obligation to locate the existing utilities
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prior to commencing construction of the Encroachments. The Owner agrees that all work
performed on the Subject Property shall be inspected and approved by the City Engineer and in
accordance with the City Codes. Further conditions of encroachment approval are:
• The Owner shall be responsible for all costs associated with the Encroachments.
• The Encroachments 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 Owner shall be responsible for the maintenance and repair of the
Encroachments.
• The owner of the Subject Property is fully responsible and liable for any and all
damage caused to the Encroachments because of them being constructed in the
City's easements.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easements, Owner, for himself, his heirs, successors and assigns, hereby
agrees to indemnify and hold the City harmless from any damage caused to the Subject
Property, in whole or in part, by the Encroachments onto the City's easements.
4. TERMINATION OF AGREEMENT. The City may terminate this Agreement
at any time if it is reasonably necessary for the City to occupy the City's easements. 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 the Encroachments to the extent they impact the
City's easements to the effective date of the termination of this Agreement. If the owner fails to
do so,the City may remove the Encroachments to the extent they impact the City's easements
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.
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6. BINDING AFFECT. This Agreement is binding upon the parties,their heirs,
successors and assigns.
IN WITNESS WHEREOF,this Agreement was executed by the parties the day and
year first above written.
CITY: CITY OF ORONO
By: akwol
Dennis Walsh, Mayor
(SEAL)
By: &�� I
Anna Carlson, City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
$ ,2019 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.
OkIMA' �,
ANDREA LEE HENTGES Notary Public
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2023
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PROPERTY OWNER:
Bryan Qu derer
STATE OF MINNESOTA )
( ss.
COUNTY OF &4Li P.
)
The foregoing instrument was acknowledged before me this QS` day of
2019 by Bryan Quaderer, a single person.
d„M,�� Notary Public
ANDREA LEE HENTGES
NOTARY PUBLIC-MINNESOTA
--�° My Commission Expires Jan.31,2023
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
204871vi
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