HomeMy WebLinkAbout2017 - Encroachment agreement 4.
ENCROACHMENT AGREEMENT
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AGREEMENT made this ✓ day of February, 2017, by and between the CITY OF ORONO, a
Minnesota municipal corporation ("City"), and Michael R. Shields and Janelle K. Shields
("Owners").
BACKGROUND. Owners are the fee owners of property with a street address of 364 West Lake
Street, City of Orono, County of Hennepin, and State of Minnesota and legally described as:
Lot 9; and that part of Lots 10, 11 and 12, Block 1, Hillside Park, together with that part
of the vacated alley adjoining said Lot 12,lying East of a line described as commencing at
the Northwest corner of said Lot 10;thence on an assumed bearing of North 89 degrees 57
minutes 07 seconds East along the North line of said Lot 10 a distance of 307.00 feet to
the point of beginning of the line to be described; thence on a bearing of South to the
shoreline of Lake Minnetonka and said line there terminating. ("Subject Property").
1. The City owns an easement for drainage and utility purposes over part of the
Subject Property. Owners have constructed a retaining wall on the Subject Property which
encroaches on the City's easement(the "Encroachment").
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
Encroachment on the City's easement, provided however,the City may, to accommodate any public
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improvement, at any time by giving the Owner(s)of the Subject Property thirty(30)days advance
written notice,to remove at their own expense,the Encroachment, or a portion thereof. If the
Owner fails to remove the Encroachment as requested upon notice by the City,the City may do so
and the Owner agrees to promptly reimburse the City for any costs the City incurs.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement, Owners, for themselves, and their successors and assigns,hereby
agree to indemnify and hold the City harmless from any damage caused to the Subject Property, in
whole or in part, by the encroachment onto the City's easement.
4. OWNER'S RIGHT TO RECONSTRUCT RETAINING WALL. Owners may
replace the retaining wall in kind without further City approvals, in the event that the City
removes or requires removal of the wall for some purpose and such replacement is not in
conflict with the City's use of the easement area.
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
6. BINDING AFFECT. This Agreement is binding upon the parties,their successors
and assigns.
IN WITNESS WHEREOF,this Agreement was executed by the parties the day and year
first above written.
CITY OF ORONO:
By:
(SEAL) Dennis Walsh,Mayor
And0.--)--rek_
Anna Carlson, City Clerk
I.
STATE OF MINNESOTA)
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /,3 day of February, 2017,
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.
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a RACHEL DODGE S Notary Public
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PROPERTY OWNERS:
Mille K.hael R. Shields
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STATE OF MINNESOTA )
(ss.
COUNTY OF HENNEPIN )
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The foregoing instrument was acknowledged before me this 3 day of February, 2017,
by Michael R. Shields and Janelle K. Shields, as Owners.
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Notary Public
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DRAFTED BY:
Peter W. Johnson \ ; ::.. MONICA"....c A.FADNESS ti
Attorney at Law (�'���. ,����rnrniYssPloUnBE�lcpir�JanE31o2021
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Excelsior, MN 55331
612-741-1907
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing encroachment agreement
adopted at the meeting of the Orono City Council on February 3, 2017 with the original
thereof on file in my office, and the same is a correct transcription thereof
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 14th day of February, 2017.
ity Clerk
(seal)