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Home My WebLink About#09-3245 UNRECORDED Encroachment AgreementJeremy Barnhart From: Sent: To: Jeremy Barnhart Friday, May 15, 2015 2:00 PM Soren Mattick Subject: 650 Big Island Encroachment Agreement Soren, I hope you had a good time in New York. In an attempt to whittle down our stale project file, I came across an encroachment agreement started, but not completed for the above address in May, 2010. I do not know why it was not completed, but it appears that a new version was coming. Based on County records, it appears that the parties involved are still involved with the property. I don't have a file name from your office, but the document was 151674vl. And included the notation SRN:05/12/2010. I'm wondering if the encroachment agreement is still necessary, and assuming it is, can you send me a copy. I will work to get it signed by the property owners. Thanks. Jeremy Barnhart, AICP Community Development Director Direct 952.249.4626 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Website: www .ci .orono.mn .us 1 Jb Wat hc__C I t-J,15 £!JC}?[)f+fHMEJJT 1>ocuu@V Gc~nuJ~+tlAft 1 • -~...,, rv._,.•JVI IC-l..UfUJrt)!, lnJ Qrmauon) ENCROACHMENT AGREEMENT AGREEMENT made this ___ day of _____ , 2010, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and JAMES A.R. JOHNSON, a single person; together with WARD D. JOHNSON, CINDA L. JOHNSON-COLLINS a/k/a CINDA L. COLLINS, KRISTIN L. JOHNSON f/k/a KRISTIN L. V ANGSNESS, ERIC E. JOHNSON, KATHLEEN L. JOHNSON, each having a one-tenth interest a portion of the property subject to this Agreement ; and CINDA J. COLLINS, SILAS L. COLLINS, AND CINDA J. COLLINS as custodian for Benjamin J. Collins under MN UTMA, having an undivided one-third interest in a portion of the property subject to this Agreement (hereinafter collectively referred to as the "Owners"). 1. BACKGROUND. Owners are the fee owners of certain real property in the City of Orono , County of Hennepin, and State of Minnesota legally described as: Parcel ID Nos. 22-117--23-31-0028 and 22-117-23-31-0035 Lots 6, 7 and 8 and Lots 25 and 26, Pleasant View Lake Minnetonka, according to the recorded plat thereof, Hennepin County, Minnesota and having a street address of 650 Big Island, Orono , Minnesota ("subject property"). The City owns right-of-way, drainage and utility easements over portions of the subject property. Owners 151674v01 SRN:05 /12/2 010 1 ORONO/650 Big Island (Septic Sy stem Encroachments) want to install a septic system on the subject property which will need installation of a pressure line running through the City's right-of-way easement area on the subject property to get to the proposed septic system as depicted on the attached sketch drawing. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment within its easement area for the installation of a pressure line which needs to be connected to the proposed septic system being constructed on the subject property, except over existing utilities. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach within the City's easement area, the Owners, their successors, heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the subject property, including the septic system pressure line being installed on the subject property. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the owner 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 the Agreement may then be terminated immediately. The property owner shall remove the septic system pressure line to the effective date of the termination of this Agreement. If the owner fails to do so the City may remove the septic system pressure line and charge the cost of removal back to the property owner. 5. RECORDING. This Agreement shall be recorded against the title to the subject property. 151674v01 SRN:05/12/2010 2 ORONO/650 Big Island (Septic System Encroachments) CITY OF ORONO (SEAL) es M. White, Mayor AND -------------- Jessica Loftus, City Administrator STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of -----~ 2010, by James M. White and by Jessica Loftus, 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 granted by its City Council. 151674v01 SRN:05/12/2010 NOTARY PUBLIC 3 ORONO/650 Big Island (Septic System Encroachments) OWNERS: JAMES A.R. JOHNSON STATE OF MINNESOTA ) ( ss. COUNTYOF ___ ) The foregoing instrument was acknowledged before me this ___ day of --------, 2010, by JAMES A.R. JOHNSON, a single person, as part fee owner. (Notary Seal) NOTARY PUBLIC WARD D. JOHNSON STATE OF MINNESOTA ) ( ss. COUNTYOF ___ ) The foregoing instrument was acknowledged before me this ________ , 2010, by WARD D. JOHNSON, as part fee owner. day of NOTARY PUBLIC 151674v01 SRN:05/12/2010 4 (Notary Seal) ORONO/650 Big Island (Septic System Encroachments) STATE OF MINNESOTA ) ( ss. COUNTYOF ___ ) c~~~ CINDA L. JOHNSON-COLLINS a/k/a CINDA L. COLLINS s-f- The foregoing instrument was acknowledged before me this a?/ day of ~ , 2010, by CINDA L. JOHNSON-COLLINS a/k/a CINDA L. COLLINS, as~er. ~wq.f-t(-~ NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTYOF ___ ) MONICA A. FADNESS NOTARY P~~!) My Commission Expires Jan. 31, 2012 KRISTIN L. JOHNSON f/k/a KRISTIN L. V ANGSNESS The foregoing instrument was acknowledged before me this ___ day of ________ , 2010, by KRISTIN L. JOHNSON f/k/a KRISTIN L. VANGSNESS, as part fee owner. NOTARY PUBLIC 151674v01 SRN:05/12/2010 5 (Notary Seal) ORONO/650 Big Island (Septic System Encroachments) ERIC E. JOHNSON STATE OF MINNESOTA ) ( ss. COUNTYOF ___ ) The foregoing instrument was acknowledged before me this ________ , 2010, by ERICE. JOHNSON, as part fee owner. (Notary Seal) NOTARY PUBLIC KATHLEEN L. JOHNSON STATE OF MINNESOTA ) ( ss. COUNTYOF ___ ) The foregoing instrument was acknowledged before me this ________ , 2010, by KATHLEEN L. JOHNSON, as part fee owner. (Notary Seal) NOTARY PUBLIC day of day of 151674v01 SRN:05/12/2010 6 ORONO/650 Big Island (Septic System Encroachments) STATE OF MINNESOTA ) ( ss. COUNTYOF ___ ) CINDA J. COLLINS, individually and as custodian for Benjamin J. Collins under MN UTMA The foregoing instrument was acknowledged before me this ___ day of ________ , 2010, by CINDA J. COLLINS, individually and as custodian for Benjamin J. Collins under MN UTMA, as part fee owners. (Notary Seal) NOTARY PUBLIC SILAS L. COLLINS STATE OF MINNESOTA ) ( ss. COUNTYOF ___ ) The foregoing instrument was acknowledged before me this , 2010, by SILAS L. COLLINS, as part fee owner. --------- day of NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN:ms 151674v01 SRN :05/12/2010 7 (Notary Seal) ORONO/650 Big Island (Septic System Encroachments) [SEE ATTACHED SURVEY SKETCH DRAWING] 151674v01 SRN:05/12/2010 8 ORONO/650 Big Island (Septic System Encroachments) '\' M~ G(_·~·=~~ ~ ( , '; f ~ "-J'-\' ~ .... 7 ''1' (I , ("I ~· \ "" E..c.·,¼➔ 1~$... ~~,Zc,f,.'f-"> ~-M<? t,µ-'lh)\~~ ~ rd<'(;~.,,) 0 ~ Jct-~_Y.'if.8.~~ ~ ... I (:>l_"Q 1<tft-<;;> ~~~-,~;..v( ; ){ . . \ •l'( ,.., i .J \•<"') ' ~ 1 ~ 1.\,0 ~ i ·la ~' -u i ~ ~, ~ I O· ~~ ··; ~11 ~ $;-A'f:";,__ "-. V ~-10,.s o~-1 ~ ' / -~,, , .. , I t ,:., ' -~ d I L.\\.\.~-.. .L T I ~>??~ I t . > I . ~ I;,~,') I )>. \_ 41,'l ~-, ,s~i;-;.~ I f-'13 y~,J\I;-';, -;,'~ 1C..-~ ~ • l "" ~ ----5~ .,, ◄ "' i-f...~.f•"-4' ( ... l.40 '-J ' ~,,,,..... -'1! ..., / "i"°'< I j ,~~... C ~"t~;i,.~ I \. 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