HomeMy WebLinkAboutItem 8 - Encroachment Agreement ENCROACHMENT AGREEMENT
THIS AGREEMENT is made this day of , 2013, by and between
the CITY OF LAKE ELMO, a Minnesota municipality (hereinafter "City"), and PETER R.
ZOLLER, a married person and TERRENCE L. ZOLLER, a married person, (hereinafter "Owner")
and their successors in title.
WHEREAS, the City has an easement for drainage and utility purposes over that part of
the property legally described on the attached Exhibit A, located in Washington County,
Minnesota;
WHEREAS, Owner is desirous of constructing a fence ("The Improvements") within the
Easement; and,
WHEREAS, the permission granted herein is limited to The Improvement proposed
within the easement.
NOW, THEREFORE, in consideration of the premises and for good and valuable
consideration, the receipt of which is acknowledged,the City will permit the encroachment on its
easement area as set forth herein and subject to the conditions set forth below:
1. Owner and successors in title may install and maintain The Improvements in the
configuration directed by the City and in accordance herewith.
2. Owner must notify the City at least forty-eight (48) hours before construction,
repair and/or maintenance work commences within the easement. No such work shall take place
without the City staff being given the opportunity to be present at the site. Further, if the City
determines in its reasonable estimation that any proposed work may potentially cause an unsafe
condition or damage or impair the City's easement area, the City shall have the authority to
prevent such work from being done by giving notice to Owner; notwithstanding the foregoing, in
the event of an emergency situation and/or the existence of an unsafe condition of Owner's land,
the prescribed forty-eight (48) hour notice requirement shall be waived by the City. However, in
the event of such situation, said waiver shall not relieve Owner from their obligation to notify the
City in a timely and practical manner. The City shall have no obligation to notify Owner of their
intent to do work.
3. To the fullest extent permitted by law, Owner, their successors and assigns agree
to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors,
employees and contractors against any and all claims, costs and liabilities, including the costs of
defense for damages, injury or death arising from or in any way connected to the installation,
maintenance, repair, removal and/or presence of The Improvements permitted hereunder,
regardless of whether such harm is to Owner, the City, the employees or officers of either or any
other person or entity, except shall not be liable under this paragraph for loss or damage to the
extent resulting from the negligence or intentional acts of the indemnified parties.
4. The permission granted herein is limited exclusively to the proposed improvement
within the City's easement. Owner shall not alter the grade, perform any other site disturbing
activities, or permit such alteration anywhere upon the land upon which the City has reserved its
easement without proper express written consent of the City. Owner shall construct and
maintain The Improvements in compliance with all applicable laws and in good repair.
Owner shall, at all times, use best efforts to conduct all of activities on said easement area in
such a manner as to not interfere with or impede the operation of the City's easement and related
activities in any manner whatsoever and shall remove The Improvements at no cost to the City
when directed by the City. The work shall be done and The Improvements maintained in
conformance with the direction of the City.
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[SIGNATURES ON FOLLOWING PAGES]
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By
[Owner
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHTNGTON)
On this /'(�` day of �w� , 2013, before me, a Notary Public,
personally appeared Pew 2,oiif4 r lefreme Z,JW4e property owner, who signed the foregoing
instrument and acknowledged said instrument to be his free act and deed.
e
Nowollic
JOAN MARIE ZIERTMAN
3. Y Notary Public-Minnesota
My Commission Expires Jan 31,2016
THIS INSTRUMENT DRAFTED BY:
David K. Snyder
Eckberg,Lammers,Briggs,Wolff&Vierling,P.L.L.P.
1809 Northwestern Avenue
Stillwater,MN 55082
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Exhibit A
LOT 9, BLOCK 2, CARRIAGE STATION,WASHINGTON COUNTY, MINNESOTA
(12521 Marquess Way North, Lake Elmo, MN 55042)