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Home My WebLink Aboutprivate drive agreement . 3Z 43 O N�4 J�+!!�/1.�. c...4�v� ' :..,..�- -:.._ � " . .-. - _/ �A�J�P�IQ�T�kES PAID .; lQ�� i_�� TRA 1S��r, =NTtRE ' �.�.TAX D P R10R�A��ES PAID � �' TRANSFERENTERtD �aN 27, 5 NOV 23 1994 AGREE�fENT HE P T MINN. DEPUTY � IN C UNI.Y,M)NI� ��' �''DEPUT`r 9 � � THI AGREEME��''I' is made effective as of ��%�� :� � , 1994, by and between 0 Jacquelynn J. Segner, single ("Se�ner") and Charaiampos Marinos and Linda N. Marinos, — husband and wife (collectively, "Niaanos"), and the City of Orono, a Minnesota municipal corporation ("City"). 9 o RECITALS: � A. Segner is the owner of real property Iocated at 3286 Navarre Lane (the "3286 Parcel") and 2260 Ba�rview Place (the "226� Parcel") and 33d0 Navarre Lane (the "330d }�� Parcel"), all in the City of Orano, Minnesota ar�d legally described on Exhibit "A" attached � � hereto and made a part hereof (collectively, the "Segner Properiy"); p � Oo B, Marinas is the owner of real property located at 3290 Navarre Lane (the "329a i � Parcel"), in the City of Orono, Niinnesota �d legally described on Exhibit "B" attached �� \ hereto and made a part hereof (the "Viarinos Property"); `—'�- y- � ,' C. Hillside Place is an undeveloped publi� raad right-of-way dedicated on the plat qo of "Wallace's Addition to the Village of �1�iicnetonka Beach", Hennepin County, Minnesota, � ► � wEuch has not been opened by the City for public trsvel, in that it has a substandard road � right-of-way widch of 25 feet; � c� D, The City has maintained municipal sanitary sewer lines and manholzs within N Hillside Piace since 1965, and has maintained the capability for vehicular travel on Hillside � Place only to the extent necessary to maintain the sewer system; � �_ E, City Municipal Code ("Cade">, Secdons 6.05, Subdivision 9 and 6.fJ5, � Subdivision 9 provide standards for placement, desian and consLLuction of residential driveways accessing onto gublic and privat� roads. Those sections state as follows: "A. One driveway approach shall be allowed from up ta twa singIe residential parcels of land to the same public (or private) road provided that appr�priate easements exist between parties sharin$ the driveway and driveway approach. Parceis having ftontage on more than one publie (private) road shall be allowed a drivzway apgroach to one public (or private} road"; F. The 2260 Parcel and the 3300 Parcel have previoasly utilized a private drive within Hi]lside �'Iace. - There is no cuaent us� of HilIside Place by the owner of the 2250 Parcel and the 3300 P'azcel; G. Segner and Marinos have rec�uested the City to apprave a private drive within Hillside Place to allow a.ecess to the 3286 Parcel and the 3290 Parcel, and the City has approved.such request provided Segner and Ivlarinos enter into this Agreement; � rnos9aa�iarz�a �. rmoKY'_�. .. .. NO��, T'HEREFp�, � consideracion of the Gity allowinQ the private drive servicin� the 3?86 Parcel a{nd the 3290 Parcel to be located in Hillside Place and the mutual benefits to ba derived therefrom, Segner and l�iarinos agree as follows: AGREENIENTS: , 1• 'I'he foregoing recitals a,re incorporat�d as part of this Agreement, 2• All use of Hillside Place for access purposes to and from the 2260 parcel and the 3300 Parcel shall be discantinued immediately upon execution of this Agreemen� 3. Segner shall immediately construct, at her sole expens�, a permanent fence a�ong the entire easterly boundary of the 2260 Parcel and the 3300 Parcei abuttin� Hillside Place. Said fence sFiall at a minimum be 36" in heigbt with two 2"X4" raiis at approximately �8" and 36" above �rade, with 4"X4" posts spaced 8' apart. ivo gat� fer vehicul� �eG;; to Hillside Place sha.11 be installed as part of such fence. 4. Se�ner shall immediately and exclusively utilize the existin,� d.r�veway from the 2260 Parcel ta Bayview Place for access to and from the 2260 Parcel. S. Segner shall immediat�ly cons�-ucc at her sole expense, a new driveway access to Iv'avarre Lane to servic� the 33a0 Parcel, and shall thereai[er exclusively utilize 5uch new driveway access to and fxom Navarre Lane to the 3300 Parcel. � 6. Se�ner and Marinos agree that only the owners of the 3256 Parcel and the 3290 Parcel, and their respective invitees, shsll be allowed to ucilize that portion of HiIlside Place legally described on Exhibit "C" attached hereto and made a part bereof (the "Private � Drive") for private driveway p poses as allowed by the City's Code Sec�ion 6.0�, � i Subdivision 9, except that incidental use oi said ri ght-of-wa y b y pu b�i c a n d/o r p r i v a t e � emer�ency vehicles, school buses and the public far access to adjoining properties or other incidental traveI shall be permitted. 7. Marinos and Segner hereby agree: (a) The Private Drive shall be constructed and maintvned at Segner and Marinos sole expense in accordance with all applicable City Code requirements; and (b) Immediately upon notice to Marinos and Segner that the City desires to open �illside Place for public travel, Marinas and Seoner shall, at their sole expense, immediatety remave the Pzivate Drive and restore HilLside Place to grade. 22o59azz lorz6,sa , � :_�,.?.� -- _ - - - 8. Segner and 'viarinos hereby indemnify and hold the Ciry harmless from any and aIl clai.ms, causes of actian, liabilities, da.mages or other losses (incIudin� attorneys' fees and costs incu.rred by Ciry in connection therewith or in enforcement of this Agreement) sustained or incu.�red by reason of use of the Private Drive by Segner and Marinos, and their respective invitees, successors ar assio s. 9. City shall honor any request of the owners of the 3286 Parcel and the 3290 Farcel to post Hillside PIace with "No Parking" signs and subject Hiliside place to �nfarcement af same by the City's Police Department 14. This Agreement shall run with the land, shall be bindin� upon Se�ner and 11�Iarinos, their respective successors and assigns, and may be enforced by the City at law or at equity. 11. Any future use of Hillside Place by an owner of the 226Q Paxcel or the 3300 Parcel shall constitute a violation of this Agreement and of Municipal Code Section 6.05, Subdivision 2, and snall constitute a misdemeanor. This paragraph does not apply to Segner, her successors or assigns, as the owner of the 3286 Parcel. 12. This Agreement may be amended or terminated only by a recordable, wrirten aJreement betwee� the par[ies hereto, iheir suce�ssors and assigns, which shall be filed in the office of the Hennepin County Registrar of Title against the Segner Property and Marinos Property. Circumstances arisina which may require amendment ar terminarion of this � Agreement, include but are not limited to, the City's appraval of an alternate access for either the 3286 Parcel or the 3290 Parcel to an opened gublic roadway other ihan Hillside Place or changes in City Code provisions. Notwithstanding anything contained in ttus paragraph, the a.mendment or termination of this A,gxe.ement and any requirements contemplated by any such amendment or termination, must be approved by the City and meet aIl applicable City Code provisions. T�'�]' `VTI'NESS WHEREOF, Segner, Ivlarinos and City have made and entered into this Agreement effective as af G�G�c he r` aT . 1994. Ja quei J. Seg r , Char ampos arinos . ' � / - �/ Linda N. Maiinos n?pc041.2 I O�GN4 � ....�,.� . _ . _ _ - , -' CITY OF QRONO B ' Y � f,�y . By � . � Its 5TATE OF I��III�:�tES�TA ) ) ss. COUN'I1' OF n� '„ ) The foregoing instrument was acknowledged before me this� day of f� .h Pr , 1994, by JACQUELYNN J. SEGNER, Sinjle. CAROLE A. HASEMAN � � NOTAAY PUBLKS-MINNESOTA ��,� J HENNEPIN COUNTY � ° � �' � �� - �� A1Y CCM:.1:,",iION EXPIRES&2}96 Notary Public STATE �F ML�I_h'ESOTA ) ) ss. COUNTY OF �r� n� %n } The foregoing instrument was acknowledged before me this�7�"dsy .of C� �'�c br� , 1994, by C�iARALAMPOS MARIN'OS and LINUA N. MARII`TOS, husband and wifz. ,�cTi:t:.�,, ,'..1`.'DA S. i'EE � 9 y..:'��e, ,�.c'Y �UB�C �N_SOTA .. _/ :c�., NO i - �'.11i�. • .�::�=:<' t�r.��;�,-w cou��rr �7"(,G'L6Li � ct - ,;v:;'".+.=;_�! ►�� comrr�isssen expires t;-t2-9s Notary Public w �•� �; STATE OF MII�IIvESOTA ) ) ss. COUNTY OF : ) The foregoing instrument was acknowledged before me this ?��day of � (d�[r , 1994, by r —' �d Do��., ,�1. �a ll�� the and (� ,f., C�IeN.�C.. , respectively, of the CI?Y OF ORON , a Minnesota municipal corporaiion, on behalf of the corporation. CAROLE A. HASEMAN ' "°j"�„°`�`�-'''°°+�°T,► No Public • HENNEPIN COUNtY �Y � — MY 0011MtSS10N OWIRp F2i� ., r..n...�.�.,cn�