HomeMy WebLinkAboutEncroachment Agreement Recorded 2025Existing Certs
1544807
LAND TYPE Torrens (T)
DOC NUM 6073078
Certified, filed and/or recorded on
May 7, 2024 1:20 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 129
Document Recording Fee
Document Total
Pkg ID 2670008E
$46.00
$46.00
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this as day of T1 f 1 ` 2024, by and between the
CITY OF ORONO, a Minnesota municipal corporation ("City"), and ANDR.EA K. SCOTT and
PAUL D. SCOTT, married to each other ("Owners").
1. BACKGROUND. Owners 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. 26-118-23-34-0012
Lot 3, Block 1, Long Bridge
(Torrens - COT 1544807)
with a street address of 975 Long Bridge Lane, Orono, Minnesota 55356 ("Subject Property"). The
City owns easements for drainage and utility purposes over portions of the Subject Property
("Easement Areas"), Septic tanks were previously constructed and installed on the Subject
Property and the Owners desire to keep the septic tanks located on the Subject Property which
encroaches on the City's Easement Areas as depicted on the sketch attached hereto as Exhibit "Al"
and Exhibit "AT'.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its Easement Areas on the Subject Property for the septic tanks subject to the
230717VI
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 septic tanks located within
the Easement Areas.
• The Owners, their heirs, successors and assigns, are fully responsible and liable for any
and all damage caused to the septic tanks within the Easement Areas.
• Owners will be responsible for repair, replacement and maintenance of the septic tanks.
Further, Owners agree that the septic tanks was 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 septic tanks located in the Easement Areas, caused in whole or in pant by the encroachment
into the Easement Areas.
q. 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 septic tanks 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
septic tanks 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.
[Remainder of page intentionally left blank
Signature pages follmv.]
230717v1
CITY OF ORONO
By
�Sl✓t1I) Dennis Walsh, Mayor
An
Adam T. Edwards, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 22Z day of
2024, by Dennis Walsh and by Adam T. Edwards, respectively the
Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority gra d by 1 ity ouncil.
,... , CHRISTINE S. LUSIAN
-s Notary Public
State of Minnesota
My Commission Expires N tary PU
January 31, 2027
230717vl
PROPERTY OWNERS:
Andrea K. cott
Paul D. Sco
STATE OF MINNESOTA )
)ss.
COUNTY OF qe- ern )
The foregoing instrument was acknowledged before me this Iq day of
_, 2024, by Andrea K. Scott and Paid D. coi4 married to each other.
Notary lVblic
Y NOLA J DICKHAi1BEN
NOTARY PUBLIC
MINNESOTA
My C4mmissio0 Expires Jan. 31, 2027
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/mkl
230717v1
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Encroachment
Agreement
Exhibit Al
PROJECT AaBAG! ASSOCIATES, lC.K
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