HomeMy WebLinkAbout06-11-2013 - Easement Q1/4C Grp///out vi�2 Thvt-e-
Doc No A09965167
Certified, filed and/or recorded on
6/11/13 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Transfer Entered Mark V. Chapin, County Auditor and Treasurer
6/11/2013 12:00:00 PM Deputy 53 Pkg ID 985500M
Hennepin County, Minnesota Doc Name: Easement
Mark V. Chapin Document Recording Fee $46.00
County Auditor and Treasurer Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
ENCROACHMENT AGREEMENT
AGREEMENT made this (o day of 4- z'riJ ,2013,by and between the
CITY OF ORONO,a Minnesota municipal corporatiofi("City"),and Justin D. &Alyssa T.
Kanive("Owner").
1. BACKGROUND. Owner is the fee owner of property with a street address of
950 Willow View Drive legally described as:
Lot 6, Block 3, Willow View
and located in the City of Orono,County of Hennepin,and State of Minnesota("Subject
Property"). The City owns an easement for drainage and utility purposes over part of the Subject
Property. Owner has constructed a fire pit and seating area on the Subject Property which would
encroach on the City's easement(the"Encroachment").
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
Encroachment on the City's easement except over existing utilities. It is the Owner's obligation to
locate the existing utilities prior to commencing construction of the Encroachment.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement,Owner,for itself,its 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 encroachment onto the City's easement.
164774 1
4. TERMINATION OF AGREEMENT. The City may,at its sole discretion,
terminate this Agreement at any time by giving the Owner of the Subject Property thirty(30)days
advance written notice. The Owner shall,at its own expense,remove the Encroachment. If the
Owner fails to remove the Encroachment 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.
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.
jt • 11/4
(SEA, j ,,' Lili Tod McMillan,Mayor
And ao /L -P ' O GC.
ii ____,
`' Rachel Dodge,City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1 5 day of
2013,by Lili Tod McMillan and by Rachel Dodge,respectively,the Mayor and City Cle of the
City of Orono,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the
authority granted by its City Council.
./Yllr,/Yl./llJlllllll./l./YY✓YY✓.,S , nn ,, ,A�
MONICA A.FADNESS \
*VIti-k-' q , ?-x_L
� •a NOTARY PUBLIC-MINNESOTA NO Public
! My Commission Expires Jan.31,2017
FIJI./l./✓^✓./lllrl..l./.!./l!./l 1✓✓JS
164774 2
,
PROPERTY OWNER(S):
A
....0i,tii.it..),
A _ 7-_ __ „ _
,--.,,--_,- -,_ . _-___,,,,
STATE OF MINNESOTA ''
COUNTY OF HENNEPIN
This instrument was acknowledged before me this -ZS day of Apr4 I ,2013,by
Justin D. Kanive, husband of Alyssa T. Kanive. I
r
Notary Public /
i Vit:
4 7.7 CHERI J.LONGSDORF
k , NOTARY PUBIIC•MINNESOTA
r"i MY Commission 4.i„ .. on ExpiresJan.31,2015
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this ZS day of Apr, i ,2013 by,
Alyssa T. Kanive,wife of Justin D. Kanive.
/ 77,.._____,Ale,e(
Notary Public
. "'` io
•`� CHERI J.LONGSDORF
7, NOTARY PUBLIC.MINNESOTA
S `,� . . • MY Commission Expires Jan.31,2015
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite#317
Eagan,Minnesota 55121
Telephone:(651)452-5000
SMM
164774 3