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Home My WebLink About1250 Spruce Pl Encroachment agreement LAND TYPE Abstract (A) DOC NUM 11269799 Certified, filed and/or recorded on Mar 13, 2024 8:24 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 180 Pkg ID 2653365E 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 2-1" day of , 2024,by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and MELISSA J. EASLEY and JAMES B.EASLEY,married to each other("Easleys"or"Owners"). 1. BACKGROUND. Easleys 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. 08-117-23-32-0008 Lot 6,BIock 1,Saga Hill Revised,Together with that part of Lake Street between Lot 1,Block 10, and Lot 6,Block 1, Saga Hill Revised,which lies outside of the proposed sidelines of said street shown on the survey of Arleigh C.Smith dated October 26, 1959, attached to Document No. 3213583, records of Hennepin County, Minnesota, and together with vacated Lake Street accruing thereto. (abstract) with a street address of 1250 Spruce Place, Minnesota 55364 ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). Easleys have installed an existing driveway and retaining wall, and desire to reconstruct proposed driveway and retaining wall improvements (collectively "Improvements") located on the 229351v1 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. • Owners will be responsible for repair, replacement and maintenance of the Improvements. • The Owners,their heirs,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, Owners agree 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 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 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 229351v1 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 By S1sJ32 )7 (SEAL) Dennis Walsh,Mayor An Adam T.Edwards,City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) �d�T/h, foregoing instrument was acknowledged before me this 20 day of t'fii� , 2024, by Dennis Walsh and by Adam T. Edwards, respectively the Mayor and C. r Administrator of the City of Orono,a ► 'n��e : a mu icipal corporation,on behalf of the corporation and pursuant to the authority gr. • ed b is City ouncil. otaryPur..Pro- CHRISTINE S. LUSIAN Z, lb- State Notary of Minnesota ,, } My Commission Expires January 31,2027 229351v1 PROPERTY OWNERS: i',_ 1,( -00-__11 - Afe"..1 t Melissa J.Easl r la s B. Eas e -___..-,-_--.. STA 1'E OF MINNESOTA ) ''11 )ss. COUNTY OF N'p.Aip;n_ ) The foregoing instrument was acknowledged before me this 30 day of ; / ,2024,by Melissa J. Easley, spouse to James B.Easley. z_ &A....„4„ I Fc�``'',' NOLA J DICKHAUSEN N tart' blic ". .s ,50..z NOTARY PUBLIC , 1 : )'; MINNESOTA '' � " , My Commission Expires Jan.31.2027 e STATE OF MINNESOTA ) f )ss. COUNTY OF i-61n.epi n, ) The foregoing instrument was acknowledged before me this 3c) day of. Jr-.,.,..a-r--/ ,2024, by James B.Easley,spouse to Melissa J.Easley. 4te art' ' blic U NOLA 1 DICKHAUSEN `� NOTARY PUBLIC `;= MINNESOTA My Commisson ERpiras Jan 3i.2027 '^,.use „R w.. M''..:. 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/mkl 229351v1 Exhibit A Encroachment Agreement 01.' n r N m ° + ��SY z o Iai$r` 0 ii Ilk VC\'-'. ., i \Vik \ rn 4 1' > p i ' t w -:-'-k, _ _ \ r- ` •, co °(I) Can c- — a1 ^',l 1 F O .; W. _1 , .,.—St: s . 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