HomeMy WebLinkAboutEncroachment agreement w' �,/ /'
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Doc No A10200640
Certified, filed and/or recorded on
Jun 5, 2015 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 87 Pkg ID 1251633M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
� 1 �
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this � -� day of �-�->>���—�=-<-� , 2015,by and between the
CITY OF ORONO, a Minnesota municipal corporation("City"), and CASEY HOEHN and JILL
HOEHN,husband and wife, ("Hoehns"or"Owners").
1. BACKGROUND. Hoehns are the fee owners of certain real property located in the
City of Orono, County of Hennepin, State of Minnesota, legally described as follows:
Lot 6,Block 1, Glendale Cove,Hennepin Counry,Minnesota
(Parcel ID No. 34-118-23-33-0065)
having a street address of 2325 Glendale Cove Lane, Orono, Minnesota("Subject Property"). The
City owns easements for drainage and utility purposes, and for flowage and conservation easements
over, under and across a Wetland and Wetland Buffer area(pursuant to the Grant of Permanent
Flowage and Conservation Easement and Restrictive Covenant for Wetland and Wetland Buffer
dated August 14, 2006 and recorded August 16, 2006 as Hennepin County Document No. 8846352)
(collectively the "City's easement areas") over portions of the Subject Property. Hoehns have
constructed a boulder retaining wall on the Subject Property which encroaches on the City's
easement areas as depicted on the attached sketch.
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180197v1
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment of the existing boulder retaining wall upon the City's easement areas on the Subject
Property, conditioned upon compliance with the terms of the Owners' written agreement with the
Minnehaha Creek Watershed District regarding planting of additional shrubs and/or natural gass in
the 750 square foot area impacted by the retaining wall.
3. MAINTENANCE AND REPAIR OF RETAINING WALL. The Owners shall
be solely responsible for all costs relating to the maintenance and repair of the boulder retaining
wall. The City shall have no responsibility to maintain the retaining wall located within the City's
easement areas.
4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement areas, Hoehns, 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 in the City's easement areas, caused in whole or in part by the
encroachment into the City's easement area.
5. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Ageement at any time by giving the then owner of the Subject Property thirty(30)
days advance written notice, Except that no notice period�vill be required in the case c;f an
emergency condition as determined solely by the City and the Agreement may then be
terminated immediately. The property owner shall remove the retaining wall to the effective date
of the termination of this Ageement. 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.
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180197v1
6. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
PROPERTY OWNERS:
( CC l,L� t Gt �
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Casey Hoehn
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J�ll en�► �
STATE OF MINNESOTA )
� )ss.
COUNTY OF KI�G i )
T� foregoing instrument was acknowledged before me this ll7 day of
�it�'�"1 , 2015 by Casey Hoehn and Jill oehn ,husband and wife.
tary Public
�_''���� JUSTIN BRYAN FEIGAL
����� NOTARY PUBt1C-MINNESOTA
�MY COMMISSION IXPIRES Ot131118
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y�,��� ' t } CITY OF ORONO
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'"� "��' ����� �,.���` �'. 1. .�� �'!/�- � � ���
� o '�(t��A�T:� ��• `-; % By. Lili Tod McMillan, Mayor
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:t,;` /�.,,��,;`;,... •O�y AND
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'''���.� _ _ _ �� es ica Lo s, Ci ministrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ;Z.;'Z`�`- day of
�<-��� �_�_ . , 2015, by Lili Tod McMillan and Jessica Loftus, respectively the Mayor
and City Adm7 'istrator of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted tr}r its City Cou cil. �
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( <<�i�'c��_ � � " ��� �-
_ �� �__ Btary Public
DIANE L.TIEGS
_ �` NOTARY PUBLIC-MINNESOTA
:.:�.:�' My Commission Expires Jan.31,2016
DRAFTED BY:
CAMPBELL KNUTSON
Professiona!Association
1380 Corporate Center Curve,Suite#317
Eagan,Minnesota 55121
Telephone:651-452-5000
SMM/jmo
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