HomeMy WebLinkAboutEncroachment agreement-2012 � � "��'''' \5 'G✓ L� S G �
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Doc No T5010556
Certified, filed and/or recorded on
10/17/12 12:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith, Acting Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 45 Pkg ID 878577M
Doc Name: Agreement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1329527
This cover sheet is now a permanent part of the recorded document.
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ENCROACHMENT AGREEMENT
AGREEMENT made this I o day of ,2 a I 2, by and between the
CITY OF ORONO, a Minnesota.municipal corporation("City"), and TIMOTHY BING
KOEHLER and DANIELLE TARA KOEHLER,husband and wife (collectively, "Owner").
1. BACKGROUND. Owner is the fee owner of property with a street address of
4205 North Shore Drive, legally described as:
That part of Lot 2, "Orchard Beach", lying Southeasterly of the following described line and its
Northeasterly extension; Commencing at the Northeast corner of Lot 3, "Orchard Beach";thence
on an assumed bearing of North along the Northerly extension of the East line of said Lot 3 a
distance of 78.92 feet; thence on a bearing of West a distance of 89.50 feet to the point of
beginning of the line being described;thence South 31 degrees 56 minutes 53 seconds West to
the southwesterly line of said Lot 2 and there ending, Hennepin County,Minnesota. Subject to
the easement for County State Aid Highway No. 19 as shovcm in Hennepin County Highway Plat
No. 50 recorded as CR Doc. No 4746024. Subject to a perpetual easement for underground
utility purposes in favor of the City of Orono as contained in CR Doc.No 3925296 and located
in the City of Orono, County of Hennepin, and State of Minnesota ("Subject Property").
The City owns an easement for drainage and utility purposes over part of the Subject Proper�y.
�wner wants to construct a connection between tne geothermal loop field to the residence on the
Subject Property which would encroach on the CiTy's easement(the"Encroachment").
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
Encroachment on the City's easement except over existing utilities. It is the Owner's obligation
to locate the existing utilities prior to commencing construction of the Encroachment.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement, Owner, for itself, its successors and assigns,hereby agrees to
indemnify and hold the City harmless from any damage caused to the Subject Property, in whole
or in part, by the encroachment onto the City's easement.
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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. The Owner shall, at its own expense, remove the Encroachment. If
the Owner fails to remove the Encroachment upon notice by the City, the City may do so and the
Owner agrees to promptly reimburse the City for any costs the City incurs.
5. CERTIFY UNPAID CHARGES. If the City incurs any expenses in the removal
of the Encroachment not covered by the Owner in Paragraph 4, the City shall have the right to
certify the unpaid balance to the Subject Property pursuant to Minn. Stat. §§ 415.01 and 366.012.
6. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
7. BINDING AFFECT. This Agreement is binding upon the parties, their
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IN WITNESS WHEREOF, this Agreement was executed by the parties the day and
year first above written.
CITY OF ORONO:
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STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
Th� �nr�apirl� ;nstr�.am�nt was acknowled�ed before me this �d day of
S , 2012, by L�Li i od /►/IcMi lla.►t- and by LindaS.Vice.
-- , respectively, the Mayor and City Clerk of the City of Orono, a
Minnesota municipal carporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
�a'c-� k��
BARBARA G. SILUS Notary Public
NOTARY PUBLIC-MINNESOTA
'�, ;` My Commission Expires Jan.31,2013
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PROPERTY OWNER(S):
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Timothy Big K ehler
�Gt,,�,�,Q� olano�
Danielle Tara Koehler
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this ��day of ,2012,by
Timothy Bing Koehler, husband of Danielle Taza Koehler.
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MONICAA.FADNESS ���
. NOTARY PUBUC-M1IVNESOTA Notary Public
,. Ny Carurt�tai E�esJan.31,2017
STATE OF MINNESOTA )
(ss.
COLJNTY OF HENNEPIN )
This instivment was acknowledged before me this�day of� �;2012,by
Danielle Tara Koehler,wife of Timothy Bing Koehler.
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MONlCA A.FADNE�S Notary Public
� NOTARY PUBUC-MINNESOTA
,.. .•' My Comrrrission Expires Jan.31.Z017
DRAFTED BY:
CAMPBELL KNUTSON
Professional Associatiorz
317 Eagandale Office Center
1380 Corporate Center C�zrve
Eagan,Minnesota 55121
Telephone:(651)452-5000
SMM
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