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Home My WebLink About3160iii LAND TYPL Abst ac (A) DOC NUM 11140248 Certified, filed and/or recorded on Aug 23, 2022 3:54 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 2483583E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. LAND TYPE To rens (T) DOC NUM 5968064 Certified, filed and/or recorded on Aug 22, 2022 3:36 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 87 Pkg ID 2483036E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1381918 This cover sheet is now a permanent part of the recorded document. (Pewit&(nr ra'ordin , information) ENCROACHMENT AGREEMENT AGREEMENT made this 173,,, day of M , 2022, by and between the CITY OF EDINA, a Minnesota municipal corporation ("City"), and BRIAN E HIGGINS and MISTY HIGGINS, spouses married to each other ("Owners"). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Edina, County of Hennepin, State of Minnesota, legally described on Exhibit "A" attached hereto, having a street address of 5501 Beard Court, Edina, Minnesota 55410 ("Subject Property"). The City owns a utility easement over a portion of the Subject Property ("Easement Area"). Owners desire to install pavers and retaining walls ("Improvements") on the Subject Property which will encroach on the City's Easement Area as depicted on the attached Exhibit 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in the Easement Area on the Subject Property for the improvements subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: • The City shall have no responsibility to repair, replace or maintain the Improvements located within the Easement Area. 2217800 A The Improvements must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. 8 The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the Improvements because of them being installed in the Easement Area. The Owners of the Subject Property will own and maintain the improvements. Further, Owners agree that the Improvements shall be constructed and installed 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 Easement Area, the Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the Improvements in the Easement Area, caused in whole or in part by the encroachment into the City's Easement Area. 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessa'y for the City to occupy the Easement Area for utility purposes and the Improvements are inconsistent with the City's use of the easement, Prior to termination, the City will give the then Owners 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 Owners shall remove that portion of the Improvements to the extent it impacts the Easement Area to the effective date of the termination of this Agreement. If the Owners fails to do so, the City may remove the Improvements to the extent it impacts the Easement Area and charge the cost of removal back to the Owners for reimbursement, 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. 2217NOv3A 2 CITY 01? EDINA By And r_ Scott eal, ity anage (SEAL) James Hovland, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEP1N ) ri 11St The foregoing instrument was acknowledged before me this t.- day of \\(/}l ,e(111_, 2022, by James Hovland and by Scott Neal, respectively the. City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of /f1,5 corporation and pursuant to the authority granted by its City Council. ELIZABETH KELLY OLSON NOTARY PUBLIC MINNESOTA Her conunKsta EvOres Jut 31 2023 22178003A 3 Notary Public GIFSTON ANTHONY WIGNAL NoTARYPItsue-MINNEsom 11V Cartrdsafon Expires Jan.31,2025 PROPERTY OWNERS: STATE OF MINNESOTA ) )ss. COUNTY OF 01,11) The foregoing instrument was acknowledged before me this (3 day of H , 2022, by Brian K Higgins and Misty Higgins, spouses married to each other. DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 221780v3A 4 EXHIBIT "A" TO ENCROACEIMENT AGREEMENT Lots 1 and 2, except that part of said Lots lying Southerly of a line running from a point on the East line of Lot 1, distant 8 feet Northerly of the Southeast corner of said Lot I to a point on the West line of Lot 2 distant 13 feet Southeasterly from the most Northwesterly corner of Lot 2, all in Block 1, Lorraine Court, Hennepin County, Minnesota. (COT 1381918) And The South 45 feet of the West 23 feet of Lot 12 and the South 45 feet of the East 40 feet of Lot 13, Block 2, White Investment Company's Hidden Valley, Hennepin County, Minnesota. (Abstract) And The South 45 feet of the following described premises: Lot 13, except the East 40 feet thereof, and ail of Lot 14, Block 2, White Investment Company's Hidden Valley, Hennepin County, Minnesota. (Abstract) Parcel ID No. 20-028-24-21-0141 221780v3A 5 EXHIBIT IP TO ENCROACHMENT AGREEMENT 1.EnThrortiors trtsrlifiratr A B-as for tBa.aar4:a ai alcriter: Fa sein_:ami For: BRIAN AND MISTY HIGGINS .7-rawy leas34 ta MOB 1.01-Sap 2*1:a •-1 BBBEsa Ntssota. aaB:aS- atal :1 asaS Sr& 4; 3a, Wa.:3 :3 :act aal r.s. •Baa Iss-sra CanFasyt BS° taLlac asBSI at- faas, aws-S3 par Ss-cala:not .31s.Bis a: ass Visa3a2 aBB;as ar Lan BA BIBL a, La37.F.32:E nasss Bo sasiadpls: accsiaaaa_aasBsss a:aaslaa las33 slag laa 3i a S sacs ' lc Eart.:3B, an' aa-S ! Sas 3 al•a3:-IBsEs3SS-BSau say,' Saas3 :a a ',St 4.:A cf va-S Lac Sas: !! 3-3,3Say NarBasaa IC 4-3;'•=lah Ltd :veziri4,u: a :BS: if 2217800A 6 reserved for recording in ENCROACHMENT AGREEMENT AGREEMENT made this 13? day of 2022, by and between the CITY OF EDINA, a Minnesota municipal corporation ("City"), and BRIAN E. HIGGINS and MISTY HIGGINS, spouses married to each other ("Owners"). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Edina, County of Hennepin, State of Minnesota, legally described on Exhibit "A" attached hereto, having a street address of 5501 Beard Court, Edina, Minnesota 55410 ("Subject Property"). The City owns a utility easement over a portion of the Subject Property ("Easement Area"). Owners desire to install pavers and retaining walls ("Improvements") on the Subject Property which will encroach on the City's Easement Area as depicted on the attached Exhibit "B". 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in the Easement Area on the Subject Property for the Improvements subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: o The City shall have no responsibility to repair, replace or maintain the Improvements located within the Easement Area. 221780v3A • The Improvements must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the Improvements because of them being installed in the Easement Area. • The Owners of the Subject Property will own and maintain the Improvements. Further, Owners agree that the Improvements shall be constructed and installed 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 Easement Area, the Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the Improvements in the Easement Area, caused in whole or in part by the encroachment into the City's Easement Area. 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 Area for utility purposes and the Improvements are inconsistent with the City's use of the easement. Prior to termination, the City will give the then Owners 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 Owners shall remove that portion of the Improvements to the extent it impacts the Easement Area to the effective date of the termination of this Agreement. If the Owners fails to do so, the City may remove the Improvements to the extent it impacts the Easement Area and charge the cost of removal back to the Owners for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. 221780v3A 2 CITY OF EDINA By And Scott r eal, ity anager (SEAL) James Hovland, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this t...1t St day of , 2022, by James Hovland and by Scott Neal, respectively the City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of corporation and pursuant to the authority granted by its City Council. Notary ublic ELIZABETH KELLY OLSON NOTARY PUBLIC MINNESOTA My Canrrisalon Expires Jan. 31, 2023 221780v3A 3 Notary Public GIFSTON ANTHONY WIGNAL NOTARY PUBUC-MINNESOTA My Commission ExpkesJan.31.2025 PROPERTY OWNERS: STATE OF MINNESOTA ) )ss. COUNTY OF itlehaptol ) The foregoing instrument was acknowledged before me this Y3 day of , 2022, by Brian E. Higgins and Misty Higgins, spouses married to each other. DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 221780v3A 4 EXHIBIT "A" TO ENCROACHMENT AGREEMENT Lots 1 and 2, except that part of said Lots lying Southerly of a line running from a point on the East line of Lot 1, distant 8 feet Northerly of the Southeast corner of said Lot 1 to a point on the West line of Lot 2 distant 13 feet Southeasterly from the most Northwesterly corner of Lot 2, all in Block 1, Lorraine Court, Hennepin County, Minnesota. (COT 1381918) And The South 45 feet of the West 23 feet of Lot 12 and the South 45 feet of the East 40 feet of Lot 13, Block 2, White Investment Company's Hidden Valley, Hennepin County, Minnesota. (Abstract) And The South 45 feet of the following described premises: Lot 13, except the East 40 feet thereof, and all of Lot 14, Block 2, White Investment Company's Hidden Valley, Hennepin County, Minnesota. (Abstract) Parcel LD No. 20-028-24-21-0141 221780v3A 5 — ),1-) ,1 ...,• e •, 81) )- EXHIBIT "B" TO ENCROACHMENT AGREEMENT 011rociints (1318 riiriralt Easement Exhibit For: BRIAN AND MISTY HIGGINS PrOpUry 1c0)ed LU8ection 20, Tewa)1•••ip 2S.P.2.lize 24. Herinip2 (try, 2.thr0r)At3 C, ,.30C Ft) -t• EAST 12 3 GIG 3 133,...-3340...33iirsavan..3334.3=33.4 33 I ) ,,441 3._ „0 :Area Er)croafn,ig on EdSeM0131 ; 1.....000.311•3•100 7,1 04 );2311; I ITG'"? 30 )), • 3.) . . 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