HomeMy WebLinkAbout1260 Spruce Pl encroachment agreement LAND TYPE Abstract (A)
DOC NUM 11269782
Certified, filed and/or recorded on
Mar 13, 2024 8:16 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 184 Pkg ID 2653362E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this 21U day of F&Y,449iVtA ,2024,by and between the
CITY OF ORONO, a Minnesota municipal corporation ("City"), and ELLETTE A.
ANDERSON,a single person("Anderson"or"Owner").
1. BACKGROUND. Anderson is the fee owner of certain real property located in
the City of Orono,County of Hennepin, State of Minnesota, legally described as follows:
Parcel ID No. 08-117-23-32-0012
Lot 1, Block 10, Saga Hill Revised, Hennepin County, Minnesota,
together with that part of vacated Lake Street adjoining said Lot 1,Block
10,as shown on the survey attached to Notice of Vacation in Book 848
of Miscellaneous, Page 596, Document No 3213583 filed in the office
of the Register of Deeds, Hennepin County, Minnesota, and together
with vacated Lake Street accruing thereto.
(abstract)
with a street address of 1260 Spruce Place, Minnesota 55364 ("Subject Property"). The City owns
easements for drainage and utility purposes over portions of the Subject Property ("Easement
Areas"). Anderson has installed an existing driveway and retaining wall, and desires to construct
proposed rock spillway and retaining wall improvements (collectively"Improvements") located on
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the Subject Property and which encroach on the City's Easement Areas as depicted on the sketch
attached hereto as Exhibit"A".
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its Easement Areas for the Improvements,subject to the conditions set forth in this
Agreement. Further conditions of encroachment approval are as follows:
• 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.
• Owner will be responsible for repair, replacement and maintenance of the
Improvements.
• The Owner, its, successors and assigns, are fully responsible and liable for any and all
damage caused to the Improvements because of it being constructed in the City's
Easement Areas.
• The City shall have no responsibility to maintain or repair the Improvements located on
the Subject Property or encroaching into the Easement Areas.
Further, Owner agrees that the Improvements shall be constructed 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, the Owner, for herself, her heirs and assigns, hereby agrees 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 the City needs to occupy the Easement Areas by giving the
then owner of the Subject Property thirty(30)day advance written notice. The owner of the Subject
Property may be required to remove the Improvements if it is deemed necessary by the City in order
to exercise the purpose of the Easement Areas. If the owner fails to do so,the City may remove the
Improvements and charge the cost of removal back to the owner for reimbursement. No notice under
this paragraph shall be required in the event of an emergency condition determined solely by the
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City and the Agreement may then be terminated immediately.
5. RECORDING. This Agreement shall run with the land and shall be recorded against
the title to the Subject Property.
CITY OF ORONO
h By01/4.1.. 1,
(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 2 day of
Vt , 2024, by Dennis Walsh and by Adam T. Edwards, respectively the
Mayor and City�.dministrator of the City of Orono,a Minnesota municipal corporation,on behalf
of the corporation and pursuant to the authority granted b :its G'— Co ncil.
Notary 'ubli,. �r.
",e,. HRISTINE S. LUSIAN
NotaryPublcaState of Minnesota
= My Commission Expires
January31,2027
229352vI
PROPERTY OWNER:
Ellette A. Anderson
STATE OF MINNESOTA )
)ss.
COUNTY OF4f\oepV )
The foregoing instrument was acknowledged before me this q day of
1V4A ,2024, by Ellette A. Anderson,a single n.
N ary PU ,.�7%,,, CHRISTINE S. LUSIAN
4'�•73
• Notary Public
State of Minnesota
r r-1• �Y My Commission Expires
•M January 31,2027
DRAIrl hD BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,Minnesota 55121
Telephone:(651)452-5000
AMP/mkl
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Exhibit A
Encroachment
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