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Home My WebLink AboutEncroachment Agreement 3545 Ivy Place LAND TYPE Torrens(T) DOC NUM 6134856 Certified, filed and/or recorded on May 12, 2025 3:42 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 98 Pkg ID 2784229E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1576335 This cover sheet is now a permanent part of the recorded document. I (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this Ili day of Ap V)I ,2025,by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and MARK J. FERRY AS TRUSTEE OF THE MARK J.FERRY REVOCABLE TRUST U/A DATED MAY 20,2019, and ELIZABETH E. FLYNN-FERRY AS TRUSTEE OF THE ELIZABETH E. FLYNN- FERRY REVOCABLE TRUST U/A DATED MAY 20, 2019, 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. 20-117-23-42-0034 Lot 1, Block 1, Casco Cove (Torrens) with a street address of 3545 Ivy Place, Orono, Minnesota 55391 ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property("Easement Areas"). Owners desire to construct and install a driveway, sidewalk, and retaining wall 235384v1 ("Improvements") 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 Improvements subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follows: • The City shall have no responsibility to maintain or repair the Improvements located within the Easement Areas. • The Improvements must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • 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 Owners, their successors and assigns, are fully responsible and liable for any and all damage caused to the Improvements or resulting from construction and/or installation of the Improvements within the Easement Areas. • The Owner of the Subject Property will own and maintain the Improvements. 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, 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 any of 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 terminate this Agreement at any time if it is necessary for the City to occupy the Easement Area for drainage and utility purposes and the Improvements are inconsistent with the City's use of the easement. Prior to termination, the City will give the then Owners 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 Owners shall remove the Improvements upon demand from the City. If the Owners fail to do so, 235384v1 i the City may remove the Improvements and charge the cost of removal back to the Owners. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. CITY OF ORONO By q-.2"t--------- (SEAL) Bob Tunheim, Mayor Adam T. Edwards, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this VI" day of N?01 , 2025, by Bob Tunheim and by Adam T. Edwards, respectively the Mayor and City Administrator of the City of Orono,a Minnesot. ••unicipal corporation,on behalf of the corporation and pursuant to the authority granted by 't ouncil. I' _„., Notary Iublic__ CHRISTINE S. LUSIAN s+ ,-' Notary Public a.L � " State of Minnesota My Commission Expires . ,„- January 31,2027 235384v1 PROPERTY OWNER: THE MARK J. FERRY REVOCABLE TRUST U/A DATED MAY 20, 2019 By Mark%., , rustee STATE OF MINNESOTA ) )ss. COUNTY OFr„nefi... ) A The foregoing instrument was acknowledged before me this -/Sf day of Apr ,2025,by Mark J.Ferry, Trustee of The Mark J.Ferry Revocable Trust U/A Dated May 20, 2019, on behalf of the Trust. JASON TANG MEJIA `�� s% • 'Public A' `' NOTARY PUBIIC-MINNESOTA MY COMMISSION EXPIRES 01/31/2030 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/mkl 235384v1 PROPERTY OWNER: THE ELIZABETH E. FLYNN-FERRY REVOCABLE TRUST U/A DATED MAY 20, 2019 By Eliza E. Flynn-Ferry, Trustee STATE OF MINNESOTA ) )ss. COUNTY OFF, ) The foregoing instrument was acknowledged before me this z► day of �/► f , 2025, by Elizabeth E. Flynn-Ferry, Trustee of The Elizabeth E. Flynn- Ferry Revocable Trust U/A Dated May 20, 20 ', . . .:half of the Trust. 1, No Public r CHRISTINE S. LUSIAN Notary Public lifxryState of Minnesota F My Commission Expires ,; January31,2027 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/mkl 235384v1 n..) v. co 00 4, ,-- / 7,.• '.• ,..._-.\•s,\'.o,''6C,-0%.,.,79: .4.."..'. ' / i "....-...$1,144.l.4- 10i.-0=,..-,-42'4,-.,'-.•E•..'.r t.\.t4 • '.70 /'•0 2I•4\•00"rx•.0a 0\i 7°i.12,2t..o,I•— 4%N•'. \' NX . ebj ./ 0• *0%")098o7N 431-'z.r''.,:•s-\,x 001[.-.7s4k.,:m0t'.,0i..•4.'Iw,t-/Ai,),1.,. .4r; ‘O,.o1,'•r, \.'., 10 b o 0 /.... —-....,_„........ -----?..-- 4 '. ,e' c P (11 Zs.0„ *,--------------.,-•,...:::......9 4., 1,"<„,3/40'N'-,.'!.... '"'",,...% ."'°. '. ', • '' u ...... , ".. SS . A'PO %%'.. ',.',A. '.,ftsy. "'•., 4.%.11.3 ,' \ ..... WO' ''' 4.8610 s. I '''• "41* - • ...i f. '''',4,,,-, ;41,',..,/4, tf. 4k, 44,,w, . %Z. 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Z 7 q ' * :* IR 1 4 3, ig / X m 0 2: 6* Z. e, 4P84 101 s E g 5 c * Pt /1 Lit 13 Q11 / a ct 1) 0 fa (0) = 9 2 4 F > m 0 = = 0 Iro $2, 0 .." to 1 I I 1 I I • • I I Fir--elFir 1 I I I T TiT ',,; 7 i L\ I 1 4-ir....-.A.:0..fi.,..ol I [Reserved for Recording Data] CERTIFICATE OF TRUST STATE OF MINNESOTA ) (ss. COUNTY OFfrj6) Elizabeth Flynn-Ferry, being first duly sworn, says that: 1. The name of the Trust is the Elizabeth E. Flynn-Ferry Revocable Trust U/A Dated May 20, 2019. 2. The date of the Trust Instrument is May 20, 2019. 3. The name of each Grantor/Settlor is Elizabeth Flynn-Ferry. 4. The name of each original Trustee is Elizabeth E. Flynn-Ferry. 5. The name and address of each Trustee empowered to act under the Trust Instrument at the time of execution of this Certificate is: Elizabeth E. Flynn-Ferry 154 Babcock Lane Wayzata, Minnesota 55391 6. The number of Trustees required to act under the Trust Instrument is*" ( I ). 7. The Trustee is authorized by the Trust Instrument to sell,convey,pledge,mortgage, lease, or transfer title to any interest in real or personal property, EXCEPT as limited by the following (if none, so indicate): t../ N E . 1 235556v1 M ' 8. Any other Trust provisions the undersigned wishes to include: 9. The Trust has not terminated and the Trust Instrument has not been revoked. An Affidavit of Trustee, consisting of two (2)pages, is attached to this Certificate of Trust. The statements contained in this Certificate of Trust are true and correct and there are no other provisions in the Trust Instrument or amendments to it that limit (i) the powers of the Trustee to sell, convey, pledge, mortgage, lease, or transfer title to interests in real or personal property, or (ii)the authority of the Trustee to exercise any other power identified in this Certificate of Trust. SIGNATURE OF TRUSTEE: Eliza th lynn-Ferry Subscribed and sworn to before me on � • CHRISTINE S. LUSIAN AA `; Notary Public State of Minnesota otary ublic ) My Commission Expires January 31,2027 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON,P.A. Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM/mkl 2 235556v1 AFFIDAVIT OF TRUSTEE STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) Elizabeth Flynn-Ferry, being first duly sworn on oath, says that: 1. Affiant is the Trustee named in that certain Certificate of Trust to which this Affidavit is attached ("Trust Instrument"), which Certificate of Trust was executed by Affiant and which relates to real property in Hennepin County,Minnesota,legally described as follows: Lot 1, Block 1, "Casco Cove" 2. The name and address of the Trustee empowered to act under the Trust Instrument at the time of the execution of this Affidavit is: Elizabeth E. Flynn-Ferry 154 Babcock Lane Wayzata, Minnesota 55391 3. The Trustee who have executed that certain Encroachment Agreement relating to the real property described above, between Mark J. Ferry, as Trustee under the Mark J. Ferry Revocable Trust U/A Dated May 20,2019 and Elizabeth Flynn-Ferry, as Trustee under the Elizabeth E. Flynn-Ferry Revocable Trust U/A Dated May 20, 2019 as Grantees, and the City of Orono, as Grantor, dated 1 14- , 2025: (a) is empowered by the Trust Instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real property held in trust; and (b) is the only Trustee required by the Trust Instrument to execute and deliver such an instrument. 4. The Trust has not terminated and the Trust Instrument has not been revoked. 5. There has been no amendment to the Trust Instrument which limits the power of the Trustee to execute and deliver the instrument described in paragraph 3. 6. The Trust is not supervised by any Court. 7. Affiant does not have actual knowledge of any facts indicating the Trust is invalid. 235557v1 SIGNATURE OF TRUSTEE: Elizabeth . Flynn-Ferry Subscribed and sworn to before me on '► 12.14 2-0Z5 " CHRISTINE S. LUSIAN 's Notary Public r State of Minnesota I My Commission Expires • . public 11 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON,P.A. Professional Association Grand.Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM/mkl 235557v1 111 LAND TYPE Torrens(T) DOC NUM 6135424 Certified, filed and/or recorded on May 14, 2025 12:21 PM Office of the Registrar of Titles ;spin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 87 Pkg ID 2785136E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1576335 This cover sheet is now a permanent part of the recorded document. [Reserved for Recording Data] CERTIFICATE OF TRUST STATE OF MINNESOTA ) COUNTY OF , �6146 II) Mark J. Ferry, being first duly sworn, says that: 1. The name of the Trust is the Mark J. Ferry Revocable Trust U/A Dated May 20, 2019. 2. The date of the Trust Instrument is May 20, 2019. 3. The name of each Grantor/Settlor is Mark J. Ferry. 4. The name of each original Trustee is Mark J. Ferry. 5. The name and address of each Trustee empowered to act under the Trust Instrument at the time of execution of this Certificate is: Mark J. Ferry 154 Babcock Lane Wayzata, Minnesota 55391 6. The number of Trustees required to act under the Trust Instrument is ( t ). 7. The Trustee is authorized by the Trust Instrument to sell,convey,pledge,mortgage, lease, or transfer title to any interest in real or personal property, EXCEPT as limited by the following (if none, so indicate): H v 'ti . 1 235555v1 8. Any other Trust provisions the undersigned wishes to include: 9. The Trust has not terminated and the Trust Instrument has not been revoked. An Affidavit of Trustee, consisting of two (2)pages, is attached to this Certificate of Trust. The statements contained in this Certificate of Trust are true and correct and there are no other provisions in the Trust Instrument or amendments to it that limit (i) the powers of the Trustee to sell, convey, pledge, mortgage, lease, or transfer title to interests in real or personal property, or (ii)the authority of the Trustee to exercise any other power identified in this Certificate of Trust. SIGNATURE OF TRUSTEE: /.. Mark Jje Subscribed and sworn to before me on pre1 2154� 1o25 • 0.0 JASON TANO MEJIA .f:_i NOTARY PUBLIC•M INNESOTA 46' otary Public / MY COMMISSION EXPIRES 01/31/2030 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON,P.A. Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM/mkl 2 235555v1 AFFIDAVIT OF TRUSTEE STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) Mark J. Ferry, being first duly sworn on oath, says that: 1. Affiant is the Trustee named in that certain Certificate of Trust to which this Affidavit is attached ("Trust Instrument"), which Certificate of Trust was executed by Affiant and which relates to real property in Hennepin County,Minnesota,legally described as follows: Lot 1, Block 1, "Casco Cove" 2. The name and address of the Trustee empowered to act under the Trust Instrument at the time of the execution of this Affidavit is: Mark J. Ferry 154 Babcock Lane Wayzata, Minnesota 55391 3. The Trustee who have executed that certain Encroachment Agreement relating to the real property described above, between Mark J. Ferry, as Trustee under the Mark J. Ferry Revocable Trust U/A Dated May 20,2019 and Elizabeth Flynn-Ferry, as Trustee under the Elizabeth E. Flynn-Ferry Revocab e Trust U/A Dated May 20, 2019 as Grantees, and the City of Orono, as Grantor, dated I , 2025: (a) is empowered by the Trust Instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real property held in trust; and (b) is the only Trustee required by the Trust Instrument to execute and deliver such an instrument. 4. The Trust has not terminated and the Trust Instrument has not been revoked. 5. There has been no amendment to the Trust Instrument which limits the power of the Trustee to execute and deliver the instrument described in paragraph 3. 6. The Trust is not supervised by any Court. 7. Affiant does not have actual knowledge of any facts indicating the Trust is invalid. 235558v1 SIGNATURE OF TRUSTEE: Mark J.- eriy Subscribed and sworn to before me on April 21T, 202 JASON TANG MEJIA � NOTARY PUBLIC-MINNESOTA - - MY COMMISSION EXPIRESO1/31/2030 otary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON,P.A. Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM/mkl 235558v1