21-148 exhibit Encroachment Agreement for the Property at 5350 St Albans Bay Road RECORDEDII IIII IIIIIIIIIIII I II II II III I II I I
LAND TYPE Abstract (A)
DOC NUM 11061069
Certified, filed and/or recorded on
Dec 21, 2021 1:09 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 158
Document Recording Fee
Document Total
This cover sheet is now a permanent part of the recorded document.
PkgID 2374857E
$46.00
$46.00
CITY OF SHOREWOOD
ENCROACHMENT AGREEMENT
Property Address: 5350 Saint Albans Bad
This Agreement, is entered into this i5i'day of T)lk,''�, 2021, by and between, John
J. Boone and Rebecca M. Boone and the City of Shorewood, a Minnesota municipal corporation.
RECITALS
1. The City of Shorewood (the "City") is a Minnesota municipal corporation under
the laws of the State of Minnesota; and
2. John J. Boone and Rebecca M. Boone (the "Property Owner") is the owner of
certain real estate located at 5350 Saint Albans Bay Road within the City and legally described as:
"All that part of the South half of the Southwest Quarter of Section 25, Township 117, Range 23,
Hennepin County, Minnesota, described as follows: Commencing at the point of intersection of
the Southeasterly extension of the Northeasterly line of Lot 74, Auditor's Subdivision Number
One Hundred and Forty One (141) Hennepin County, Minnesota, and the center line of the
public road running along the Southeasterly side of Lots Seventy-four (74) and Seventy-two
(72), said Auditor's Subdivision; thence Northwesterly along the Northeasterly line of said Lot
74 and the extension thereof, 290.29 feet; thence North 69 degrees 11 minutes East to the center
line of the road shown along the Northeasterly side of Lot 72, on the plat of said Auditor's
Subdivision Number One Hundred and Forty One (141), Hennepin County, Minnesota; thence
Southeasterly along the center line of said road to the North line of the Southwest Quarter of the
Southwest Quarter of the Southeast Quarter of the Southwest Quarter of said Section; thence
West on said North line to the West line of said Southwest Quarter of the Southwest Quarter of
the Southeast Quarter of the Southwest Quarter of said Section; thence South along said West
line 86.5 feet to the center line of the road shown along the Southeasterly side of Lots 74 and 72,
on the plat of said Auditor's Subdivision; thence Southwesterly along said center line of said road
to the place of beginning, subject to the easement of the public in said roads." (the Property); and
3. The Property has an existing garage that partially extends across the eastern
property line 4.3 feet and into the City right of way of Saint Albans Bay (the "Garage");
4. The Property Owner and City have agreed to allow the Garage to remain in the
location depicted in the attached Exhibit A and Exhibit B, an Existing Conditions Survey prepared
by David Anderson and dated July 27, 2021 for the Property;
AGREEMENT
1. The City consents to allow the Property Owner(s) or their successors and assigns
to allow the Garage to remain in the location and as depicted in Exhibit A and Exhibit B.
2. The Property Owners and their successors and assigns do hereby indemnify and
waive all claims against the City, its officials and employees, from any and all claims arising from
the existence of the Garage.
I In the event the city at any time requires the use or alteration of the City right of
way of Saint Albans Bay Road, the Property Owners and their successors and assigns agree to
make no claim for damages to the City.
4. The Property Owner shall not make any improvements to the Garage, and the City
shall not grant any building permits for improvements to the Garage, until the Garage is relocated
out of the City right of way or demolished and disposed of with prior City approval.
S. Upon relocation or demolition and disposal of the Garage this Encroachment
Agreement shall be null and void.
PROPERTY OWNER
Lo
JobO. Boone and Rebecca M. Boone
STATE OF MINNESOTA )
) ss.
a married couple
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on 2021, by
John J. Boone and Rebecca M. Boone.
By:_L-''� _
JedKfer L adie
Its: Mayor
By:
Andrew Budde
Its: City Engineer
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
INGAI FAMIw BMESON
Notary Public
Siate of t�rli ih8sore
Uv Caauaaissian Expires
tre 1, 5
The foregoing instrument was acknowledged before me on C j�J, 2021, by Jennifer
Labadie and Andrew Budde, the Mayor and City Engineer, respectively, of the City of Shorewood,
a Minnesota municipal corporation, on behalf of the corporation.
J_
Notary Public
Drafted by:
Engineering Department
NEL1A P CRISWELL
City of Shorewood
NCTA v au� IC
5755 Country Club Rd
MINNESOTA
Shorewood, MN 55331
N Commissie� Ex{xres Jan. 3t, M
Exhibit A:
E I I
D I I I JD*.O.je 1 -4 was
,xhibit B: