HomeMy WebLinkAboutFence Maintenance Agreement 11913 32nd St N OWNERSHIP AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made this day of ,2016,by and between
the CITY OF LAKE ELMO, a Minnesota municipality (hereinafter"City"), and Matt Schleicher
and Barbara Schleicher, husband and wife, (hereinafter"Owner") and their successors in title.
WHEREAS, Owner is the owner of the real property located in the City of Lake Elmo,
Washington County, Minnesota, legally described on the attached Exhibit A("Property");
WHEREAS, Owner desires to install a fence ("Fence") on the Property. Owner and City
intend that Owner shall be responsible for maintaining, repairing and replacing the fence.
WHEREAS,the City has reviewed plans and specifications dated April 2016,prepared by
Midwest Fence (the "Plans and Specifications")for conformance to City Standards;
NOW, THEREFORE, the parties hereto agree as follows:
1. Owner is authorized by the City to install the Fence in accordance with the Plans
and Specifications.
2. The Fence shall be the sole and exclusive property and responsibility of Owner and
shall not be a public fence whether or not the Fence is located within a publicly dedicated easement
on the Property.
3. Owner shall, at its sole cost, maintain, repair and replace the Fence as needed, and
agrees to indemnify, defend and hold the City harmless from any claims, actions, demands, or
liability, including attorneys' fees, against it arising out of the Fence.
4. This Agreement shall be governed in all respect by Minnesota law.
5. This Agreement shall run with the land and be binding on all succeeding owners of
any interest in the property.
6. This Agreement shall be recorded as to the Property in the office of the County
Recorder or Registrar of Titles in and for Washington County, Minnesota.
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[SIGNATURES ON FOLLOWING PAGES]
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CITY OF LAKE ELMO
By By
Mike Pearson,Mayor Kristina Handt, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2016, before me, a notary public within and
for said County and State,personally appeared MIKE PEARSON and KRISTINA HANDT to me
personally known,who,being each by me duly sworn did say that they are respectively the Mayor
and Administrator of the CITY OF LAKE ELMO, by authority of the City Council of the City of
Lake Elmo, and said Mayor and Administrator acknowledged said instrument to be the free act
and deed of said City of Lake Elmo.
Notary Public
THIS INSTRUMENT DRAFTED BY:
DAVID K. SNYDER
JOHNSON & TURNER, P.A.
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
(651)464-729
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By: By:
[Owner] Matthew Schleicher, as husband [Own arbara Schl her, a wife
of Barbara Schleicher of Matthew Schle cher
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this � day of , 2016, before me, a Notary Public,
personally appeared Matthew Schleiche s husband of Barbara Schleicher, property owner, who
signed the foregoing instrument and acknowledged said instrument to be his free act and deed.
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On this-�-�day of , 2016,before me, a Notary Public, personally appeared
Barbara Schleicher as wife A M tthew Schleicher, property owner, who signed the foregoing
instrument and acknowledged said instrument to be her free act and deed.
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Exhibit A
LOT 6, BLOCK 4, EASTON VILLAGE, WASHINGTON COUNTY, MINNESOTA
(11913 32nd St N)
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