HomeMy WebLinkAboutEncroachment agreement-2016 ENCROACHMENT AGREEMENT
AGREEMENT made this .24P day of(0r , 2016,by and between the
CITY OF ORONO, a Minnesota municipal corporation("City"), and Mr. James R. Krey
("Owner").
1. BACKGROUND. Owner is the fee owner of property with a street address of
2560 Old Beach Road, Orono, Minnesota legally described as: Lot 25, "Shore Hills"and located
in the City of Orono, County of Hennepin, and State of Minnesota("Subject Property"). The
City owns a right of way easement for transportation, drainage and utility purposes over part of
the Subject Property. Owner wants to construct a retaining wall 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. The Owners
agree that all work performed on the Subject Property shall be inspected and approved by the
City Engineer and in accordance with the City Codes. The Owners shall be responsible for all
costs associated with the retaining wall. The Owners shall be responsible for the maintenance
of the retaining wall.
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.
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. RECORDING.This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
6. BINDING AFFECT.This Agreement is binding upon the parties,their successors
and assigns.
IN WITNESS WHEREOF,this Agreement was executed by the parties the day and year
first above written.
CITY OF ORONO:
By. _ di
(VEAL) Lih Tod7M Mayor
J
And
-J
lane Tiegs, City Ir
STATE OF MINNESOTA)
(ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this '49 day of 106710
2016,by Lih Tod McMillan and by Diane Tiegs 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.
'; MONICA A.FARNESS
E:
NOTARY pUBLIC-MINNESOTA No Public
�' My Commission Expires Jan.31,2017
PROPERTY OWNER(S):
� OZl
Jam s R. Krey
STATE OF MINNESOTA )
( SS.
COUNTY OF 14EKNEA(N )
The foregoing instrument was acknowledged before me this day of
2016, by Mr. James R. Krey.
MONICAA.FADNESS
NOTARY PUBLIC-MINNESOTA
"-' My Commission Expires Jan.31,2017 Notary Public
T x:.1et^v
DRAFTED BY: