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Home My WebLink AboutRecorded Encroachment agreement 07.3= 43o �4,5D OW cd CAMPBELL KNUTSON ZZL5 v 2-1 Le Professional Association VV 6 January 30, 2008 RECEIVEo Thomas J. Campbell JAN 3 12008 Roger N.Knutson cX Thomas M.Scott City of Orono C'TY OF Elliott B. Knetsch Attn: Evelyn Turner �ROf�O Joel J.Jamnik P.O. Box 66 Andrea McDowell Poehler Crystal Bay, MN 55323-0066 Soren M.Mattick John F.Kelly Henry Schaeffer,Ill Re: Recorded Encroachment Abreement — Alina Schwartz Crystal Bay Business Center/Ryan Co. Samuel J. Edmunds Marguerite M.McCarron Dear Evelyn: Enclosed please find the two original recorded Encroachment Agreements regarding the above matter. One agreement was recorded in the office of the Registrar of Titles on January 8, 2008 as document number 4459672. The other agreement was recorded in the office of the County Recorder on January 17, 2008 as document number 9086547. If you have any questions please give me a call at (651) 234-6212. Very truly yours, CAMPBELL KNUTSON Professional Association /jmo Jean`-` son, Legal Assistant Enclosures Cc: Ryan Companies,Attn: Judy Hermanson, w/encl. i 1380 Corporate Center Curve Suite 317 • Eagan,MN 55121 651-452-5000 Fax 651-452-5550 wwaw.ck-law.com 136390 Q Doc No 4469627 01/08/2008 10:00 AM Certified filed andlI or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cynniff, Registrar of Titles TranslD 365931 Deputy 26 New cert Cert Fees 1216826 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total Z1(0<6 U, ENCROACHMENT AGREEMENT AGREEMENT ("Agreement")made this 5t' day of December, 2007,by and between the CITY OF ORONO, a Minnesota municipal corporation("City"), and RYAN COMPANIES US,INC., a Minnesota Corporation("Developer"). RECITALS 1. Background. Certain real property, Orono Industrial Boulevard within the plat of Crystal Bay Business Center(said plat recorded as document#4457474),within the City of Orono, County of Hennepin, State of Minnesota,has been dedicated to the City of Orono (the"Subject Property"). Developer seeks permission from the City to encroach upon the Subject Property for outdoor storage until the street is constructed. 2. Encroachment Authorization. The City hereby grants the Developer permission for the encroachment of outdoor storage upon the Subject Property until the street is constructed, and subject to the conditions set forth in this Agreement. 3. No Waiver. Nothing in this Agreement shall be deemed an abandonment,vacation or waiver of the City's interests in the right-of-way. 4. Maintenance and Repair of Right-of-Way. The Developer shall be solely responsible for all costs relating to the maintenance and repair of the Orono Industrial Boulevard right-of-way, including any damage caused in whole or in part by the Developer's use, maintenance, and repair of the right-of-way of Orono Industrial Boulevard. This maintenance agreement is an obligation of the Developer and shall be binding upon the executors, administrators, successors and assigns of the Developer. The Develop 's obligations under this Section 4 shall terminate on the date the City accepts the improvements to Orono Industrial.Boulevard made by the Developer pursuant to that certain Development Agreement Crystal Bay Business Center of even date herewith between the Developer and the City. 132834 v2 1 5. Hold Harmless and Indemnity. In consideration of being allowed to encroach on the Subject Property,the Developer,its successors and assigns,hereby agrees to defend,indemnify and hold the City harmless from all costs and expenses, claims and liability,including reasonable attorney fees,relating to or arising out of the grant to Developer of permission to encroach into the City's right-of-way. Developer further agrees to ind ' and hold the City harmless from any damage to the Subject Property caused in whole or in partfy by the use of the Subject Property. 6. No Warranty,Termination. The City does not warrant title or guarantee the continuing right of Developer to encroach upon the City s right-of-way for outdoor storage. The City may, at its sole discretion,terminate this Agreemen at any time by giving the Developer one hundred twenty(120)days advance written notice. Following notice,the Developer shall remove its outdoor storage at its sole expense. If the Developer fails to remove the outdoor storage from the Orono Industrial Boulevard right-of-way as provided in this paragraph,then the City may remove the outdoor storage and charge the cost to the Developer. CITY OIC ORONO By: LJ des /'61. ,Mayor And: - c� Igigse. City Administrator DEVELOPER RYAN COMPANIES US,INC. BY: c Nay Its up 132834 v2 2 STATE OF MINNESOTA ) (SS. COUNTY OF BENNEPIN ) The foregoing instrument was acknowledged before me 1his S� day of 2007,by �y and _ uy�tC{ f' q e Mayor and City Administrator, respectively,of the City of Orono, a Minnesota municipEd corporation, on behalf of the corporation. -,o-aj Dzva, NOT PUBLIC RACHEL DODGE NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 STATE OF MINNESOTA ) (ss. COUNTY OF � ) The foregoin instrument was acknowledged before me this S day of 2007, by a CL ,the of Ryan Companies US,Inc., a Minnesota corporation,on behalf of the corporatio . N6TAVyPtjBLik== IWIUDY A HERMMS®N otaq 4-ublto-Nn C+�tae�S a£xp"s Jan 39.2090 THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5000 132834 v2 3 Doc No 9086547 01/17/2008 :28 AM Certified filed and or recorded o 'above date: Office of the County R order Hennepin County, M' nesota Michael H.jCunniff, Co ty Recorder Tra ID 368526 Deputy 9 Fees $35.50 DOC $10.50 SUR $46.00 Total it TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES JAN 16 2000 MN 13Y a@ EPIC DEPT" ENCROACHMENT GREEMENT AGREEMENT ("Agreement")made this 5th day of December, 2007,by and between the CITY OF ORONO, a Minnesota municipal corp ration("City"), and RYAN COMPANIES US,INC., a Minnesota Corporation ("Developer"). RECITALS 1. Background. Certain real property, ono Industrial Boulevard within the plat of Crystal Bay Business Center(said plat recorded as document#9079456),within the City of Orono, County of Hennepin, State of Minnesota,has been dedicated to the City of Orono,(the"Subject Property"). Developer seeks permission from the Cily to encroach upon the Subject Property for outdoor storage until the street is constructed. 2. Encroachment Authorization. The ity hereby grants the Developer permission for the encroachment of outdoor storage upon the Subject Property until the street is constructed, and subject to the conditions set forth in this Agreement. 3. No Waiver. Nothing in this Agreemei it shall be deemed an abandonment,vacation or waiver of the City's interests in the right-of-way. 4. Maintenance and Repair of ht-o -Wa . The Developer shall be solely responsible for all costs relating to the maintenance a#d repair of the Orono Industrial Boulevard right-of-way,including any damage caused in whole c r in part by the Developer's use, maintenance, and repair of the right-of-way of Orono ndustrial Boulevard. This maintenance agreement is an obligation of the Developer and shall e binding upon the executors,administrators, successors and assigns of the Developer. The Developer's obligations under this Section 4 shall terminate on the date the City accepts the improv eme is to Orono Industrial Boulevard made by the Developer pursuant to that certain Development Agreement Crystal Bay Business Center of even date herewith between the Developer and the City. 132834 v2 1 5. Hold Harmless and Indemnity. In consideration of being allowed to encroach on the Subject Property, the Developer,its successors and assigns,hereby agrees to defend,indemnify and hold the City harmless from all costs and expenses, claims and liability,including reasonable attorney fees,relating to or arising out of the grant to Developer of permission to encroach into the City's right-of-way. Developer further agrees to inderrmify and hold the City harmless from any damage to the Subject Property caused in whole or in part by the use of the Subject Property. 6. No Warranty; Termination. The City does not warrant title or guarantee the continuing right of Developer to encroach upon the City's right-of-way for outdoor storage. The City may, at its sole discretion,terminate this Agreement at any time by giving the Developer one hundred twenty(120) days advance written notice. Following notice,the Developer shall remove its outdoor storage at its sole expense. If the Developer 1fails to remove the outdoor storage from the Orono Industrial Boulevard right-of-way as provided in this paragraph,then the City may remove the outdoor storage and charge the cost to the Developer. CITY OF ORONO By: tI /m- &d41&-- ryes A1. Mayor And: i ��"� B Modl City Administrator DEVELOPER RYAN COMPANIES US,INC. BY: ..,r�- r( il Its 132834 v2 2 STATE OF MINNESOTA ) (Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this�day of 2007,by -SCh yV\-�..J and cru jZ8,re—,the Mayor and City Administrator, respectively, of the City of Orono,a Minnesota municipal corporation,on behalf of the corporation. NOTARY PUBLIC oq— RACHEL DODGE NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2010 STATE OF MINNESOTA ) (ss. COUNTY OF �M ) The foregoing instrument wr acknowledged before m�this S day of 2007, by M�)�-.& Gl(QAC ,the of Ryan Companies US,Inc., a Minnesota corporation,on behalf of the corporation. JUDY A.=HERMANSON NO AR PUBL Notar,,1' THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5000 132834 v2 3