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Home My WebLink AboutEncroachment Agreement 7-28- 2014 (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this Ml' day of t t ,2014,by and between the CITY OF ORONO,a Minnesota municipal corporation("City"), and MICHELE L. GILMER,a single person, and JOSEPH C. CHURCH, a single person("Owners"). 1. BACKGROUND. Michele L. Gilmer and Joseph C. Church are the fee owners of certain real property located in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: Parcel ID No.07-117-23-24-0017 Lot 12, "Tonkaview Gardens, Hennepin County, Minnesota." (Torrens Property—Certificate of Title No. 1366262) having a street address of 4440 Forest Lake Landing, Orono, Minnesota("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property. The Owners currently have a wood retaining wall, a sidewalk, and a deck in the City's easement and as shown on the attached sketch. The Owners want to remove and eliminate the wood retaining wall east of the driveway,re-grade land behind the retaining wall, and replace the failing sidewalk on the Subject Property all which will encroach into the City's drainage and utility easement areas as depicted on the attached survey sketch. 177122v2 1 --J 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its easement area on the Subject Property subject to the conditions set forth in this Agreement. The Owners agree that all work performed on the Subject Property shall be inspected and approved by the City Engineer and in accordance with the City Codes. The Owners shall be responsible for all costs associated with the removal of the retaining wall,the re-grading and the replacement of the sidewalk. The Owners shall be responsible for the maintenance of the sidewalk. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easement area,the Owners for themselves,their heirs and assigns,hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the removal of the retaining wall,the re-grading and the replacement of the sidewalk in the City's easement area,caused in whole or in part by the encroachment into the City's easement area. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving 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 the Agreement may then be terminated immediately. The property owner shall remove all existing encroachments depicted on the attached sketch. If the owner fails to do so,the City may remove the encroachments 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. 177122v2 2 CITY OF ORONO By: &9L& Lili Tod McMillan,Mayor AND Jes ica Loftus(Ci yUministrator rA STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014, by Lili Tod McMillan and Jessica Loftus, respectively the Mayor and City Ad6nistrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. MONICAA.FADNESS NOTARY PUBLIC-MINNESOTA WCommission ExpiresJan.37,2017 Notary Public 17n22v2 3 PROPERTY OWNERS: Michele L. Gilmer J se h C. Church STATE OF MINNESOTA ) / COUNTY OF �/ )SS.) The foregoing instrument was acknowledged before me this day of 2014 by Michele L. Gilmer, a single person. �-j —�"4� r A 1110,tary Public MONICAA.FADNESS ` Y4 NOTARY PUBLIC-MINNESO TA My Commission Expires Jan.31,2017 STATE OF MINNESOTA ) )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2014 by Joseph C. Church, a single person. ,4'MA� � e MONICAA.FADNESS Notary Public t NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2017 DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve,Suite#317 Eagan,Minnesota 55121 Telephone:651-452-5000 SMM/jmo 177122v2 4 CERTIFICATE OF SURVEY FOR .� i'Q s JOSEPH CHURCH � gW OF LOT 12, TONKAVIEW GARDENS C� K HENNEPIN COUNTY, MINNESOTA rr. 117 J XV 394440 CPN __ - tEC,�nI ucsc:ftwr,�w�wtEee5E5 L F -- -nn surrey snows My Wunoao,as anaro ,oar*^of 00 oWye _ mace iwn gepr.f ro tv aa��er,ct d�.e�ba+wo.ernents an saM nropmu aM Ike adp>"rand-w"of�w R Con M p,roon tv~any upw meoro+effwes w ercroacnmen6 a 9 ZO !C +� • fror mtar tum rrar mrtn sal yf EfehTp:anon--e f �;:A_t IN t EEt 177122v2 5 Ll ve Doc No T05262282 Certified, filed and/or recorded on Jun 5, 2015 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 87 Pkg ID 1251620M Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1366262 This cover sheet is now a permanent part of the recorded document.