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Home My WebLink Aboutprivate drive agreement . 3Z� /�/°4`J l�-'�--' r11 A �2 K c� � l a�,i f c�� A�t$ ' '�T '1'F-�S AGRBEMEN'I'is m$de effective Rs Qf � Jacc�uelynn 7. Segner, singie ("Segner") ar�d Chara]ampos Marinos and Linda N.Marinos��n husband and wife (colleccively. "Mar�nos"), and the City of Orono, a Ivlinnesota municipal corporation {"City"). RECITALS: _.._ � A. S�ognar is the owncr of rea� praperty located at 3286 Navarre Lane (the "3286,.-� Parcel") and 2260 Bayvicw Place (the "226Q Parcel") and 330Q Navarre Lane (the "33�0 Parcel"), all in the City of Orono. Minnesota �d legally describe�+ �n Exhibit "A" attac;��d hereio and made a par� hereof(collectively, the "Segner Property"). � - �. Mt�rinos is thc owner of r�a] property located at 3290 Navarre Lane (the "32gp Parcel"), in the City of Orono, Minnesota and Iegally described on Exhibit "B" attached hereto and made a part hercof (the "Marinos Property"), , C. IIillside Plac;� ls a�i uncleveloped publie road 'right-of-way dedicated on the pl�t of "Wallace's Addidon to the Vi�lage of Minnetonka Beach , Hennepin Caunty, Minnesota. which has not been opened by the City for public travel, in that it has a substandard road right�of way width of 25 feet; D. The City has n�aintained manic� aI sani � � p tary sewer lin�s and manholes wittun Hillside Ptace since 1965, and has maintainod th� capability for vehicular travet on Hillside Place only to the extent necessary to mainlain the sewer system; E. � City Ivfunicipal Code ('�Code"), Sections 6,OS. Subdivision 9 and 6,06, - Subdivision 9 provide scandards for placement, design and construction of residential driveways accessing oruo ppblic and private roads. Thosa seCtions state as follows; "q, One -�rivewa� approach shall be allowed from up to twa single residential parcels nf land to the same public (or privale) road provid�d thac �PPrQpr�at� eassanenl� ex,isl betw�en ga,rties shacirig��ie�driveway and driveway approach. Parcels havin� frontagc on more thaz� one -_p_�btic �private) road shall be allowed a driveway apgroach t� ane public (or priv�te) raad"; F. Tt�e 2260 Par�l and the 330Q Parce�h,.a�ve r�eviausl�r utilized.a private drive within Hillside P1ace. There is na current use of i11sFi' ide p1�cc by t�� owner of the 22�0 Parcel and the 33Qi1 parcel, G• Segner And Marinos have requested the City to apprave a grivate drive within Fiillside Plac� to a11ow acccss to the 3286 Parcel and the 3290 Parcel, and �he City has approved such request provided Segne and Marinas enter into this Agrcement. naos�azz ion»a �� i NOW, '�IEREFQ�, in consie�eratic�ri of the City allawing the private drive servicing the 32$5 Parcel and the 3290 Farcel to be located in Hillside Plac� ar�d the matual tsene�ts ta be derived therefrom, Sagner and Marinos�agree as follows: AGR�EMENTS: . 1• The forcgoing recit�is ane incorporated as part of this Agreemen� Z• A11 use of Hillside Place for access purposes to and from the 2260 parcel and the 330Q Paxcel shall be discantinucd immediateZy upon execution of this Agreement. 3• Segner shall im�r�ediately construct, at her sole expense, a permanent fence a�ong the entire ea,sterly boundary �p �� 22�p p�� an� �� 33� p�,��2 ahut�� illside Place. Said fence shall at a minimum t>e 36" in height wit.h kwo 2"�4" rai?s at ��pr��j�;��iy 18" an� 3�" abovc grade, with 4"X4" posts spaced 8 apart, No gate for vehicular access to Hillside Place sha11 be installed as part op such fence. 4. Segner sha�I immedia�c;ly and exclusively utiliz�e the Gaisting driveway from the 2260 Parce] lo Bayview Ptace for access tn and from the 2260 Parcel, �• Sc�ner sh�ll immediately�consiruct at her sole expense, a new driveway access to Navarre L�e to service the 3300 Parcei, a.nd shall khereaf�er exclusiveIy uuli��e such new driveway access to and from Nav�rre Lane to the 33(}0 Parcel, 6. Segner ar�d Ma�inos agree that only the owners of the 3286 Parccl and the 32�4 Pgrcet, and their respective invi�e�s, shatl !� allowed to utilize that portion of Hillside Piace legatly describcd on Exhibit "C" attached hereta and made a part hereof (the "Private Drive") for private driveway purposes as allowed by the City's Code Secdon G.06, Subdivision 9, except that incidental use of said right-of-way by public and/flr privatc emergency v�hicles, schooI buses and the public for aCcess to adjoining properues or other incidental traveI shall be gcrmicted. 7. Marinos and Scgn�1• hereby �gre,C; n � The Privatc �c�ive shall be constructed and ma.int,ained at Segncr and Marinos sole expense in accordance with alt appiicable Cicy Code requirements; and �) Immediatcly upon notice to Marinos and Segner chat the Ci�y desires to open Hillside Place for public travel, Marinos and Segner shaIl, at their sole expense, immediately remove the Private Drive and restore Hillside Place to �rade, n�ospa2z �o�iiq4 _ � _ . � ' g• Segner and Marinps hercby indemn� and all elaims, causes of ac�o n, i i a b i l i t i e s d�n n a g� o o t herl osses�ctu�te s s f r o m $n y and costs incurred by City in connection thereWith or in enforcemerit ding attorneys' fees ' sustained or incc�ned by reasan of use of the Private brive by Se n�r�d� �r�ment) � respeclive invitees, sucCessors or ass�gns. g M�nos, and their ;:; . � �• C4ty ghal! honor any request af the owners of the 3286 Parcel Parcel to post H{Ilside Place wirh "No Park3n ^ �� e 329Q enforcement of sarrte by the City's Police bepartmen��d subject Hillside Place to 1�. This Agrcement sha11 run with the land, shall be binding upon Se ner Marinos� their respective successors and assigns, and may be enfarced by the City at law or at ec]uity. �I. Any future use of Hillsicie Pisce by an owrter of the 226fl Farcel or the 3300 Parcel shall �onstitute a viotation of �his Agreement and of Municipal Code Sectian 6.05, Subdivision 2� and sha]i constitute a misdemeanor. This aragraph daes not apply ta Segner. her successors or assi�ns, as the owner of the 328fi Parcel. �____ ��„ -�.., 1�. This A�raement may bc amended or tcrminated anly by a recordable, written agreement between the parties hereto� thcir successors and assigns, which shall he filed in the of�ce of the Hennepin County Registrar of Titie against tlt� Segner Property and M�riQs Property, Cireumstances arising which ma re uire amandment or tern�ination of thi � Agreemcnt, incYude but are not limited to, the City's approval of an altern$te access for either the 3286 Parcel or the 3290 Parcel to an opened public roadway other than Hillside Place ar changcs in City Code provisians. Notwithstar�ding anything conta.ined in this paragraph, the amendment �r iermination of this Agreement and any requircments � contemplated by �y such amendment or tetmination, must be approved by th� City and meel all applicable �ity Code provisions. IN WITNESS WHBREpr, 5egner, Marinos and City have made and entered into this Agreement effective as of , I994, Jacquelynn J. Segner Charalnmpos Marinos Llnda I�i. Marinvs � � �2205�a2214�IIN4 `��I �vk �_,'� CTTY OF nRONO _ �y . Its � By . Its � r�2os9az2�a�t�a a .,;9 :,� � ' ---""""�` STATE OF MINNLS()TA 1 ) ss. CQUNTY QF ) -a The foregoing inswment w�s acicnowiedged before me this day of , 1994, by JACQUELYNN], SEGNER. Notary Public STATE OF MINNESOTA } } &s, CnL7NTY OF � The foregoing �nstrument was acknowledged before me this � day of , 1994, by CHAR.ALpMpp$ M,q�NOS and LII1DA N. MARINOS, husband and wife. � Nptaty Puhlic STATC CaF MINNgSpTA ) } ss. COUNrY pg } The foregoing inscrumen� was acknowledged before me this� day of 1944, by �� the �d respectively, of the CI'TY UF QRONQ, a Minnesota municipal corporation, on behalf of the corporation. Notary Punlic: � THIS INSTRUMEN'I'WAS DltAFTED BY: pOpHAM, I�AIK, SCHNUBRICH & KA[TFMAN, I,TD, - 3300 Piper Jaffray Tower 222 South Ninth Stre�t Minneapolis, MN S54Q2 (612) 333-48Q0 CLB � /Z2459�22101I1/9q