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(reserved for recording info—don)
ENCROACHMENT AGREEMENT
AGREEMENT made this Z?, day of 2007 by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City") and CRAIG R. OLSON and REBECCA D.
OLSON,husband and wife("Olson").
1. BACKGROUND.
A. The City is the fee owner of certain real property in the City of Orono, County of
Hennepin, State of Minnesota located at 4795 North Shore Drive and legally described as Lot 10, Block 6,
BERGQUIST& WICKLUNDS PARK,Except Road, (hereinafter the"City Parcel").
B. Olson is the fee owner of certain real property in the City of Orono, County of
Hennepin, State of Minnesota located at 4775 North Shore Drive and legally described as Lots 8 and 9 and
the Northwesterly % of Lot 7, Block 6, BERGQUIST & WICKLUNDS PARK (hereinafter the "Olson
Parcel").
C. Olson has constructed a retaining wall with landscaping which encroaches into the
adjacent City Parcel as shown on the attached survey drawing.
2. ENCROACHMENT AUTHORIZATION. The City approves the encroachment of the
retaining wall and landscaping within the City Parcel as shown on the attached survey drawing, subject to
the conditions set forth in this Agreement. The existing retaining wall and landscaping shall not be
132133v01 1 (Abstract Property)
SRN:06/07/2007
removed without prior written approval by the City and no additional retaining walls, fences, or other
structures may be placed within the City Parcel or within any City-owned drainage and utility easements on
the Olson Parcel without prior written approval by the City.
3. MAINTENANCE AND REPAIR OF RETAINING WALL. Olson shall be solely
responsible for all costs relating to the maintenance and repair of the retaining wall and landscaping on the
City Parcel, including any damage to the retaining wall and landscaping caused in whole or in part by any
use of the City Parcel. This maintenance agreement is a personal obligation of Olson and shall be binding
upon the executors,administrators, successors, and assigns of Olson.
4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach
on the City Parcel, Olson,their successors, heirs, and assigns, hereby agree to indemnify and hold the City
harmless from all costs and expenses, claims and liability,including attorney's fees,relating to or arising out
of this grant to Olson of permission for the retaining wall and landscaping to encroach on the City Parcel.
5. TERMINATION. If the retaining wall and landscaping on the City Parcel interfere with
the use, maintenance or repair of City Parcel or the use, maintenance or repair of the utilities within the
City's drainage and utility easements on the Olson Parcel, Olson shall remove the interference, at their sole
expense: If Olson fails to remove any interference as provided in this paragraph, then the City may, at its
sole discretion, terminate this Agreement at any time by giving Olson, their successors, heirs and assigns,
thirty (30) days advance written notice, and may then remove the interference and charge the cost to Olson
or have it assessed against the Olson Parcel.
6. RECORDING. This Agreement shall be recorded against the title to the City Parcel and
the Olson Parcel and shall be binding upon the parties name herein, their heirs, assigns and successors in
interest.
132133v01 2 (Abstract Property)
SRN:06/07/2007
CITY OF ORONO
BY:
es M. White,Mayor CRAIG R. OLSO
AND
Linda S. Vee, City Clerk C % D. OLSON
STATE OF MINNESOTA )
(ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of (:qu� , 2007, by
James M. White and by Linda S. Vee, respectively the Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation,on behalf of the corporation and pursuant to the authority granted by its City Council.
N P LI
;°
ItJACQUELYN M. YOUNG
STATE OF MINNESOTA ) ry Public-N� nneaota'.
(ss. bn E,*0m Jan 31.2010
COUNTY 04fttvt
)
The foregoing instrument was acknowledged before me this 2-0 day of �U< , 2007, by
CRAIG R.OLSON.
N ARY PUBLIC CHRISTINE M.MATTWN
N®TARY -1 ►fA
STATE OF MINNESOTA ) my sommmim 6#0&M$1,M
(ss.
COUNTY OF 2a k-&MA }
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The foregoing instrument was acknowledged before me this day of J u-r1 e , 2007, by
REBECCA D.OLSON.
c �.� .
NOTARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve,Suite#317 MICHELLE M.FONTANES
Eagan,Minnesota 55121 �afy Public•N
Telephone:(651)452-5000 � jM31 M
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SRN: s
132133v01 3 (Abstract Property)
SRN:06/07/2007
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Existing Description:
Lots 8 and 9 and of Lot 7 adjacent to Lot 8, Block 6. BERGQUIST AND WICKLUND'S PARK
Hennepin County, Minnesota
I 'hereby certify that this -is a true and correct representation' of a Survey of the boundaries
of �e Q�OU2a e$ �,dl V1�I�A�01� County, Minnesota as on .-f-ile and of record
in the Office of the County Recorder in: and for said County,
That I, am .a duly. Registered band Strv' yor under the Laws of the State of•Minnesota.
Dated: 2/ ZC07
Irn i�q 2,), 2,007
RECEIVE®
MAY 31 IG07 Allan' R.. Haa.tin s-
Minneaota Registration No. 17009
CITY OF ORONO
Shakopee]� TITLFu?PtwwTb
SuteF- 0�I MPhont(e3 5� Minnesota 85379•
DATE, 2 445 4027