HomeMy WebLinkAboutEncroachment Agreement1111111111111111111111111111111111111111111
LAND TYPE Abstract (A)
DOC NUM 11305004
Certified, filed and/or recorded on
Aug 8, 2024 1:54 PM
Office of the County Recorder
Hennepin Cow ,`y, " +r,psota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 98
Document Recording Fee
Document Total
$46.00
$46.00
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing is the original agreement adopted by the City Council on July 22, 2024.
Officially signed as City Clerlc of Orono, Minnesota and the seal of the city on July 22, 2024.
Lusian,`Ctfy Clerk
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this day of J11 , 2024, by and between the CITY
OF ORONO, a Minnesota municipal corporation ("City"), and JEFFREY LOEHMANN AND
SARA JOHNSON, married to each other ("Owners").
1. BACKGROUND. Owners are the fee owners of certain real property located within
the City of Orono, County of Hennepin, State of Minnesota, legally described as follows:
Parcel ID No. 20-117-23-24-0021
Lots 12 and 13, Block 3, Casco Heights
(abstract)
with a street address of 2710 Casco Point Road, Orono, Minnesota 55391 ("Subject Property"). The
City owns easements for road right -of --way purposes over portions of the Subject Property
("Easement Areas"). Owners desire to construct and install a retaining wall on the Subject
Property that will encroach into the City's Easements 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 retaining wall subject to the
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conditions set forth in this Agreement. Further conditions of encroachment approval are as follow:
• The City shall have no responsibility to maintain or repair the retaining wall located within
the Easement Areas.
• Owners agree that the retaining wall to be built will be 4' or less in total height, unless an
engineered design for walls over 4' total height is submitted and approved by the City.
• The retaining wall 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.
• The Owners, their heirs, successors and assigns, are fully responsible and liable for any
and all damage caused to the retaining wall or resulting from construction and/or
installation of the retaining wall within the Easement Areas.
• The Owners of the Subject Property will own and maintain the retaining wall.
Further, Owners agree that the retaining wall 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, Owners, for themselves, their heirs, successors and assigns,
hereby agree to indemnify and hold the City harmless from any damage caused to the Subject
Property, including the retaining wall 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 retaining wall 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 retaining wall 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 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.
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PROPERTY OWNERS:
STATE OF MINNESOTA )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
o 2024, by Jeffrey Loehmann and Sara Johnso , married to each other.
A /7n 1 A
is
' '' NOLA J DICKHAUSEN
NOTARY PUBLIC
MINNESOTA
My commission Exp.res Jan. 31. 2027
DRAFTED BY:
CANIPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, #290
Telephone: (651) 452-5000
SMM/mkl
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(SEAL)f;
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
CITY OF ORONO
By 1/
Dennis Walsh, Mayor
And
T. Edwards, City Administrator
The foregoing instrument was acknowledged before me this I day of
2024, by Dennis Walsh and by Adam T. Edwards, respectively the
Mayor a d City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted X its ity ouncil.
_ nr i�t, i..UJiAY
state of Minnesota
x Sir My Commission Expires
Y°` * sit ; January 31.2027
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