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Home My WebLink AboutEncroachment agreement-2007 } r �+ l /��`,�� II I� �5 Cr�la�r� Doc No 9000880 06/28/2007 12:50 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 324091 Deputy 65 Fees $35.50 DOC $10.50 SUR $46.00 Total TR��k��'��::�� NT�RED w�r��:��.��»�s�rax�+v�a�VICF.S �� d� , Y�� N "PI Ct�U N. BY � 'Tlf ENCROACHMENT AGREEMENT AGREEMENT made this 23rd day of April , 2007, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and CATHERINE L. SWEET,a single person ("Landowner"). RECITALS A. Landowner is the fee owner of certain real property located in the City of Orono, Hennepin County, Minnesota, having a street address of 3405 Crystal Bay Road, Wayzata, Minnesota and legally described on the attached Exhibit`'A" ("subject property"). B. The subject property is adjacent to a 20 foot wide unimproved street right-of-way owned by the City and legally described on the attached Exhibit"B" (right-of-way area). C. There is an existing paved private driveway on the subject property which encroaches into the City's right-of-way area. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. The City hereby approves the encroachment of the existinb paved private driveway into its right-of-way area subject to the following: l 3]061 v02 ] (Abstract Property) SRN:r04/23/2007 • The existing private driveway in the right-of-way area must be altered per the survey attached hereto as E�ibit"C". 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights to the right-of-way area. 3. The Landowner shall be responsible for all costs relating to maintenance and repair, including snow removal, with respect to the existing private driveway. This maintenance agreement is a personal obligation of the Landowner and shall be binding upon the heirs, executors, administrators, successors, and assigns of the Landowner. 4. The Landowner, her heirs, assigns, and successors in interest, does hereby agree to defend, indemnify, and hold the City harmless from all costs and expenses, claims and liability, including attorney's fees, relating to or arising out of the grant to the Landowner of permission to encroach in the City's right-of-way area for the maintenance, use, operation, and the like of the existing private driveway. The Landowner further agrees to indemnify and hold the City harmless from any damage caused to the subject property, including the existing private driveway, caused in whole or part by the encroachment into the City's right-of-way area. 5. The City may, at its sole discretion, tertninate this Agreement at any time by giving the then current owner of the subject property a minimum of thirty(30) days advance written notice. The property owner shall remove the existing private driveway by the effective date of the termination of this Agreement. If the owner fails to do so the City may remove the existing private driveway and assess the cost against the subject property. 6. This Agreement shall automatically terminate in the event any of the following occur: • Voluntary removal of the house. • Involuntary removal of the house and no permit for reconstruction issued within six (6) months. 131061 v02 � (Abstract Property) SRN:r04/23/2007 . • Relocation of the existing private driveway out of the right-of-way area. • Reconstruction of the existing private driveway. • Removal of the raised planting bed noted on the attached Exhibit"C". 7. This Agreement shall run with the land and shall be recorded against the title to the subj ect property. CITY OF ORONO . BY: L�� C��=�.; (SEAL) Ji White, Mayor � - AND �'��.�.�c.,. ,,�.- �/.—�_ Linda S. Vee, City Clerk PROP TY OWNER: � �� / ,� � GGG�G�'' ,�� HERINE L. EET STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) � � The foregoing instrument was acknowledged before me this � day of _ ��,T , 2007, by Jim White, the Mayor of the City of Orono, a Minnesota municipal corporahon, on behalf of the corporation and pursuant to the authority granted by its City Council. ��._C�� _ (�:--C � �J�� '�. `' NOTARY PUBLIC -� `" RACHEL DODGE ��, NOTARY PUBLIC-MINNESOTA �'��+,�• My Commission Expires Jan.31,2010 ��.��ry.�- 131061 v02 3 (Abstract Property) SRN:r04/23/2007 STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) 4� The foregoing instrument was acknowledged before me this � day of ��'�.��:� , 2007, by Linda S. Vee, the City Clerk of the City of Orono, a Minnesota municipal corpo�ration, on behalf of the corporation and pursuant to the authority granted by its City Council. _) ; . � �` ` ��.-� ! ��:�� . , �,:'�� RACHEL DODGE NOTARY UBLIC s ;4 N�TARY PUBLIC-MINNESOTA '';,,.;;,a`` My Commission Ezpires Jan.31,2010 ��`�` - STATE OF MINNESOTA ) ( ss. COUNTY OF -Ienr� �r� ) The foregoing instrument was acknowledged before me this `7��` day of �� , 2007, by CATHERINE L. SWEET, a single person. 11�;.a-� �- � Ct-c_R-.� fp '^� ��`��`y•�� ACHEL DODGE ��Kv ;� '� �4 NOTARY PUBLIC-MINNESOTA NOTARY PUBLIC v ;;� �';�,;�,�.`j My Commission Expires Jan.31,2010 ��,� - �^,�c:�i"i?.,2�,2�� THIS 1NSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professrona!Association 1380 Corporate Center Curve, Suite#317 Eagan, Minnesota 55121 Telephone: (612)452-5000 SRN:ms 131061 v02 4 (Abstract Property) SRN:r04/23/2007 EXHIBIT "A" TO ENCROACHMENT AGREEMENT Subiect Propertv Owned bv Catherine L. Sweet All of Lot 19 save and excepting West 20 feet of said Lo� 19, and running from the North to South line of said Lot 19 heretofore taken for street purposes. Also a strip of land 20 feet wide formerly lying between Lots 18 and 19 and used for street purposes which said street has been vacated and said strip of land has by Decree of District Court, Hennepin County, declared to be part of said Lot 19. Also a part of Lot 18 beginning at the Northwest corner of said Lot 18, thence easterly 10 feet, thence South to rear line of said Lot 18, thence West 10 feet to Southwest corner of said Lot 18, thence North to point of beginning. All in Wallace's Addition To the Village of Minnetonka Beach, according to the plat thereof on file and of record in the office of the Register of Deeds within and for said Hennepin County, Minnesota. 13106]v02 5 (Abstract Property) SRN:r04/23/2007 , EXHIBIT "B" TO ENCROACHMENT AGREEMENT Unimproved Street Right-of-Wav Area Owned bv the Citv The West 20 feet of Lot 19, WALLACE'S ADDITION TO THE VILLAGE OF MINNETONKA BEACH, Hennepin County, Minnesota. 13]061 v02 ( (Abstract Property) SRN:r04/23/2007 EXHIBIT "C" TO ENCROACHMENT AGREEMENT Survev of Sub ject Propertv Owned by Catherine L. Sweet LAKE MINNETONKA 919+CONTIXM� . � J ' + I + 16'37�� E' 74.6� � N 83° � I — ' I . •, .EOGE Oi � uH.�. _�'BLACKTOP CRYSTAL BAYI�ROAD I o 9'. � i,o I Pu�w O o,�vauA` �-�{ - o �z� 1 ..\.. co° � I �° U� I ❑ � � 1 � re �� `� � � �� o= � < y � � I 9 �o STONE � I� �°o STEPPING I ➢ I I -� oo STONES l -+ Io m ' -p O —I O ��PC�IkJE � __� �T � 1� o` ° � �� o � NOTE: EXISTING BLACKTOP DRIVEWAY TO TNE D � ` WEST OF THE HOUSE IN PUBLIC STREcT I p' ,� � o ..' � I g p = 1385+- SO.FT. :� ' J PROPOSED BLACK70? DRIVEWAY N PU9LIC I �I �;��" ..�s� ��e��Ep I£ � STREET AFTER REDUCING 10 B' WIOTH I �I ,�,?,,,..��aofa �o oEo r c+c�soa�.o '� � = 8.36+- SO.FT. Z _A. r � o o F1' : '� �F x000 T I 'I O BRp��EPS STEP, I 1 (Jl � � �a I 1 1 � - � �N. r� r ,0 5 I = m m SEPS..... ' I I � 22.1 � f � ' � `'r+eucK ov Q � tP � o �p W�tLS � I p�C Pn0 ' -P I o�� s°u`°`a � N ` cr o. I �� N� � 60�LL�ERS EXISTING� N I o PEuO`/F� � mE °'' HOUSE ` I I $m �►�i � � s�� I Ip „B IZo� I 9J6. I Z�n '"19.5� � . I � � ' � , �� °,�,.�� 1 n/ I II � II " 9}B.�] � \ 93"/5 ` 9180 j� 1� I1 p `5. 2a% � � � N I r� � f't I i R POSED:a I / � I -- I N �j PFOPO 0�' �� /� FET wG � I / I �/ � o �GARA� o 1 �W � I g�B� `R. GHER 1 .� �S�OUND N 1 , II ��00 1 LL 1 .�? .�i M�M //' �z/ 937.5 ' .'� ��' �6�(' / � * ..SPIKE ..'SILT FENCE /'� ^ I r / I� / `� os p2 �`ji i� � , ��'pz 2, ,o.� �-- .R� �r � �L � ; � �� 6�a °� g A� R� �� ' . D� A.� ��,�� 131061 v02 � (Abstract Property) SRN:r04/23;2007