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LAND TYPE Abstract A)
DOC NUM 10942129
Certified, filed and/or recorded on
Apr 5, 2021 1:33 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 169 Pkg ID 2210896E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
freservedfor recordinzinformation)
ENCROACHMENT AGREEMENT
AGREEMENT made this t 1 day of c,u,Aul^ L-u_a , 2021, by and between the
CITY OF EDINA, a Minnesota municipal corporation ("City"), and JASON HARDY and
OLGA HARDY, husband.and wife (the "Owners").
1. BACKGROUND. The Owners are the fee owners of certain real property
located in the City of Edina, County of Hennepin, State of Minnesota, legally described as
follows:
Parcel ID No. 19-028-24-42-0131
Lot 1, Block 1, Sandberg Addition
(abstract property)
having a street address of 5845 Oaklawn Avenue, Minnesota 55424 ("Subject Property"). The
City owns easements for drainage and utility purposes over portions of the Subject Property.
Owners desire to construct a fence on the Subject Property which encroaches on the City's
drainage and utility easement areas as depicted on the attached Exhibit "A".
211094v2
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its easement areas on the Subject Property for the fence conditioned upon
removable fence panels in areas where the fence encroaches on existing utilities and/or
installation of gates having a clear span the width of the easement for City access to its easement
areas. Further conditions of encroachment approval are as follows:
• The fence must allow water to pass under it so as not to impede overland water flow
during rain events.
• The fence must remain a minimum distance of five (5) feet from all drainage and
utility structures,
• The fence posts shall be placed on the Subject Property but not attached to
neighboring fences and must not cross the property lines.
• Owners must maintain the fence located on the Subject Property.
• Owners are fully responsible and liable for any and all damage caused to the fence
because of it being constructed in the City's easement areas.
Further, Owners agree that the fence shall be constructed consistent with all applicable
federal, state and local laws and regulations.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement areas, Owners, for themselves, their heirs, successors and
assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the
Subject Property, including the fence and removal of fence panels and/or gates in the City's
, easement areas, caused in whole or in part by the encroachment into the City's easement areas.
4. TERMINATION OF AGREEMENT. The City may terminate this Agreement
at any time if it is reasonably necessary for the City to occupy the easement areas for drainage or
utility purposes and the fence is inconsistent with the City's use of the easement. Prior to
termination, the City will give the then owner of the Subject Property thirty (30) days advance
written notice, except that no notice period will be required in the case of an emergency condition
as determined solely by the City and this Agreement may then be teiiiiinated immediately. The
211094v2 2
Notary'la ltc
CITY OF E
joAddli:
Jame Hovland, Mayor
And
ott ity Manager
property owner shall remove that portion of the fenc9 to the extent it impacts the easement area to
the effective date of the termination of this Agreement. If the owner fails to do so, the City may
remove the fence to the extent it impacts the easement area and charge the cost of removal back to
the owner for reimbursement.
5. RECORDING. This Agreement shall run wit the land and shall be recorded
against the title to the Subject Property.
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this j-1 day of
, 2021, by James Hovland and by Scott Neal, respectively the Mayor and
City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
My Commission Expires Jan 31, 2025
Notary Public-Minnesota
JANE M.TIMM
211094v2 3
Olga Hardy
Notary Public
A, MATTHEW F NISI
• NOTARY PUBLIC • MINNESOTA
My Commission Expires Jan.31 2023
111 OANNARkAf,ARItib
PROPERTY OWNERS.
STATE OF MINNESOTA )
)ss.
COUNTY OF eAly.R.1\-1 )
---, The foregoing instrument was acknowledged before me this / c) day of
'CL9(-1-4n5" , 2021, by Jason Hardy and O1 1a Hardy, husband and wife.
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
DSK
211094v2 4
00 40
SCALE IN FEET
MINNESOTA CERTIFICATION
thereby certify that this survey, ptan or report was
prepared by me or under my drect supeeiisim and: that E
arn duty Licensed Land .Inieycr !order the 'eves of the
Mate of MInnestta.---;;"
Dated il5,2reta bn ytrFeary, 2.021
,
•
Raitrelyetste , Minnesota License No. 44565
.itrry, t4t 1 C e
G R LS P
4931 Y.J. 35T14 5T. SUITE 200
ST. LOUIS PARK, MN 55416
CivilSiteGroup.vorn
Protect No. 18365.03 SHEET 1 OF 1
, 211094v2 5
EXHIBIT "A"
Fence Location Exhibli
5845 Oakiawn Ave.
Edina, Hennepin County, MN 55424
S4959.22"W 13107
-1 1U
OCK
1:)1,11 TIOH
N00°15'15"W
•
1'09°5922E 70,00\
"1 •—•'`
FENCE LOCATION
AREA
r 1 1-4 r r
6f)
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this day of "c-,01-,,f(0,j1 , 2021, by and between the
CITY OF EDINA, a Minnesota municipal corporation ("City"), and JASON HARDY and
OLGA HARDY, husband and wife (the "Owners").
1. BACKGROUND. The Owners are the fee owners of certain real property
located in the City of Edina, County of Hennepin, State of Minnesota, legally described as
follows:
Parcel ID No. 19-028-24-42-0131
Lot 1, Block 1, Sandberg Addition
(abstract property)
having a street address of 5845 Oaklawn Avenue, Minnesota 55424 ("Subject Property"). The
City owns easements for drainage and utility purposes over portions of the Subject Property.
Owners desire to construct a fence on the Subject Property which encroaches on the City's
drainage and utility easement areas as depicted on the attached Exhibit "A".
211094v2
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its easement areas on the Subject Property for the fence conditioned upon
removable fence panels in areas where the fence encroaches on existing utilities and/or
installation of gates having a clear span the width of the easement for City access to its easement
areas. Further conditions of encroachment approval are as follows:
• The fence must allow water to pass under it so as not to impede overland water flow
during rain events.
• The fence must remain a minimum distance of five (5) feet from all drainage and
utility structures.
• The fence posts shall be placed on the Subject Property but not attached to
neighboring fences and must not cross the property lines.
• Owners must maintain the fence located on the Subject Property.
• Owners are fully responsible and liable for any and all damage caused to the fence
because of it being constructed in the City's easement areas.
Further, Owners agree that the fence shall be constructed consistent with all applicable
federal, state and local laws and regulations.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement areas, Owners, for themselves, their heirs, successors and
assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the
Subject Property, including the fence and removal of fence panels and/or gates in the City's
easement areas, caused in whole or in part by the encroachment into the City's easement areas.
4. TERMINATION OF AGREEMENT. The City may terminate this Agreement
at any time if it is reasonably necessary for the City to occupy the easement areas for drainage or
utility purposes and the fence is inconsistent with the City's use of the easement. Prior to
termination, the City will give the then owner of the Subject Property thirty (30) days advance
written notice, except that no notice period will be required in the case of an emergency condition
as determined solely by the City and this Agreement may then be terminated immediately. The
' 211094v2 2
against the title to the Subject Property.
CITY OF E
Jame Hovland, Mayo
• ii
And
property owner shall remove that portion of the fence to the extent it impacts the easement area to
the effective date of the termination of this Agreement. If the owner fails to do so, the City may
remove the fence to the extent it impacts the easement area and charge the cost of removal back to
the owner for reimbursement.
5. RECORDING. This Agreement shall run wit the land and shall be recorded
(Stott Neal, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this )-1 day of
--Lavuxor , 2021, by James Hovland and by Scott Neal, respectively the Mayor and
City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
\OAkkNotary Public
vAAAAAAAAAAAAAAAAANvvvvwvvvvv,
JANE M. TIMM
AtAQ Notary Public-Minnesota
7:,Zi My Commission Expires Jan 31, 2025
211094v2 3
PROPERTY OWNERS,•
Olga Hardy
ason Hard
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF We:free-Pi )
The foregoing instrument was acknowledged before me this / 6 day of
‘c. , 2021, by Jason Hardy and Olga Hardy, husband and wife.
MATIT:L„
NOTARY PUBLIC- MINNESOL
Op Commission Expires Jan 31 2025
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
DSK
211094v2 4
EXHIBIT "A"
Fence Location Exhibit
5845 Oaklawn Ave.
Edina, Hennepin County, MN 55424
SZ9.59'.22" 4' 133,87
c,7
:yr
?Hi:9'59'22'8 433.85
r-
N13-9°59'22E 70,00 \ •
_ FENCE LOCATION
AREA
NO0'1511S"W
— 300E
MINNESOTA CERTIFICATION
.hycrth trat his survey, Dan CT rep orl
prep/red nse or under rry rev: super..s;o- ard
sista du1,4i.icerre., _ nveyrr the laN•vs of the
Stale of 1,1Th-esl.';,..•
rebrusry, 282
Mortesota L.1nse No..44555
40 80
, Site
R D LS
4931 W, 31511-1 ST. raT E 280
ST.. LOUIS P)11.7H .1,1'1 55416
ChviiSfiet3r ...
SCALE IN FEET
Project No. 18365.03 SHEET 1 OF 1
, 211094v2
5