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HomeMy WebLinkAbout3073II I II I II I I I I I II I I I I I II 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