HomeMy WebLinkAbout2022 Encroachment Agreement (reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this 071-1141 day of Januar ,2022,by and between
the CITY OF ORONO, a Minnesota municipal corporation("City"), and ALENA C.
SEVERSON and WILLIAM L. SEVERSON, married to each other("Seversons"or
"Owners").
1. BACKGROUND. Seversons 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. 07-117-23-32-0027
Tract D, Registered Land Survey No. 1036 ,Hennepin County,
Minnesota.
(COT 1421614)
having a street address of 4635 Tonkaview Lane, Mound, Minnesota 55364 ("Subject
Property"). The City owns easements for right-of-way, and drainage and utility purposes over
portions of the Subject Property("Easement Areas"). Seversons have installed, and desire to
retain,the non-building improvements which consist of retaining walls, a gravel and paver
sidewalk, an air conditioning unit, egress window well, deck and steps, and a fence (collectively
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"Improvements")on the Subject Property and which encroach on the City's Easement Areas as
depicted on the attached Exhibit"A".
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its Easement Areas on the Subject Property for the Improvements conditioned
upon removable fence panels in areas where the fence encroaches on existing utilities and/or
installation of gates having a clear span the width of the easement for City access to its Easement
Areas.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the Easement Areas, 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 Improvements located in the Easement Areas, caused in whole or in part by the
encroachment into the Easement Areas.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time if it is reasonably necessary for the City to occupy the
Easement Areas 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 this Agreement may then be terminated
immediately. The property owner shall remove that portion of the Improvement's to the extent it
impacts the Easement Areas to the effective date of the termination of this Agreement. If the
owner fails to do so,the City may remove the Improvements to the extent it impacts the
Easement Areas 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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CITY OF ORONO
By
(SEAL) Dennis Walsh, Mayor
401011111°.".-
Adam T. Edwards, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
jitriThe foregoing instrument was acknowledged before me this 2 Yday of
, 2022, by Dennis Walsh and by Adam T. Edwards, 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.
Notary Public
ANNAMARIECARLSON \
`= NOTARY PUBLIC-MINNESOTA
`a' My Commission Expires Jan.31,2025
f✓llJlllllJJlllllJlJll•�IIJ-/!J_
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PROPERTY OWNERS:
n
a is
1ena C. Severson
William L. Se/et-son
STATE OF MINNESOTA )
'' II )ss.
COUNTY OF �1thh,.t, )
The foregoing instrument was acknowledged before me this I day of
11J c r. , 2022, by Alena C. Severson and William L. Severson, married to each
other. J
Notary Public
ALICIA A JOHNSON
NOTARY PUBLIC-MINNESOTA
• °)' •' MY COMMISSION EXPIRES 01/31/25
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,Minnesota 55121
Telephone:(651)452-5000
AMP
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EXHIBIT "A"
Building Permit Survey
Naxh- A ps
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