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Home My WebLink About2023 Encroachment Agreement (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this ge day of /turd- , 2023, by and between the CITY OF ORONO,a Minnesota municipal corporation("City"), and FREDERICK J. SHIDEMAN and JACQUELINE H. SHIDEMAN, married to each other("Shidemans" or "Owners"). 1. BACKGROUND. Shidemans 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. 07-117-23-44-0009 Lot 11, "Highwood Lake Minnetonka" (COT 1461848) having a street address of 4075 Highwood Road, Orono Minnesota("Subject Property"). The City owns easements for right-of-way/alley over portions of the Subject Property ("Easement Areas"). Shidemans desire to maintain an existing boathouse with attached deck(collectively "Improvements") located on the Subject Property and which encroach on the City's Easement Areas as depicted on the attached Exhibit"A". 225073v1 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its Easement Areas on the Subject Property for the Improvements subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follows: • Plans for modification or maintenance of the Improvements must be approved by the City, prior to beginning the work. • The maintenance of the Improvements will not exceed the current 253 sq. ft. of encroachment in the Easement Areas. • The Improvements 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. • Owners are fully responsible and liable for any and all damage caused to the Improvements, or resulting from the modification or maintenance of the Improvements within the Easement Areas. • Owners will be responsible for the Improvements. • The City shall have no responsibility to maintain or repair the Improvements located on the Subject Property or encroaching into the Easement Areas. Further, Owners agree that the Improvements shall be maintained consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, Owners, for themselves, their successors, 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 225073v1 immediately. The property owner shall remove that portion of the Improvements 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. [Remainder of page intentionally left blank Signature pages follow.] 225073v1 CITY OF ORONO By (SEAL) Dennis Walsh, Mayor And �-- Adam T. Edwards, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this Ie. day of , 2023, by Dennis Walsh and by Adam T. Edwards, respectively the Mayo and City Administrator of the City of Oron ,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority g n ed by its City C ncil. Notary Public MARR NANNAOTARY PUBLIIEC-CA MINNESOTA Gornmissi0n Expires Jan,31LSON,202.` 225073v1 PROPERTY OWNERS: 4c . ieman - jueline H. Shideman STATE OF MINNESOTA ) )ss. COUNTY OF aeiVepi /- ) The foregoing instrument was acknowledged before me this 7 day of A)o0e b.e_.T , 2023, by Frederick J. Shideman and Jacqueline H. Shideman, married to each other. 44 , JP..._,„_,,,_ N ary P is 3'r4. NOLA J DICKHAUSEN o-w ". NOTARY PUBLIC �r. '�•a MINNESOTA "' ` '-= My Commission Expires Jan.31,2027 •'.'iris, DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone:(651)452-5000 SMM 225073v1 EXHIBIT "A" isi.:1: ''\ sl..1,,,....,._,IRE.°01 , � T 6.1 o p t 6 4 tl 1 i tifi 0 ,;04"CE ' '1 ••\ .-+. a 666 Gri. I\ ,.,.. , ,-.' - cl% --(...) fit-,,A:'..i , fa.;:,--40 ,,<.. 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