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87-076 . . . . , RESOLUl'ICN roo 76-87 RESOLUl'ICN APPOOVING FASEVJENr ENrnoAOlVIFNI' AGREEVJENr WHEREAS, ~awrence B. Reid and Patricia A. Reid own certain real property in the City of Shorewood described as follows: Lot 10, Auditor's Subdivision Number 367, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County; and WHEREAS, the Reids desire to construct a concrete patio on such property over a sewer easement owned by the City; and WHEREAS, the City is willing to pennit the Reid's to construct said concrete patio over the sewer easement, provided that Reids agree to the provisions contained in the Easement Encroachment Agreement attached hereto as Exhibi t A. Shorewood: NlV, 'IHEREFURE, BE IT RESOLVED by the Ci ty Council of the Ci ty of 1. That the Mayor and City Clerk are hereby authori zed to execute the said Easement Encroachment Agreement. 2. That the City Clerk provide a certified copy of this resolution for filing with the Hennepin County Registrar of Titles. AOOPfED BY 'mE CI'IY axJNCIL OF 'mE CI'IY OF SIDlliWXD this 8th day of June, 1987. Robert Rascop, Mayor ATl'EST: Sandra L. Kennelly, City Clerk " . . . t.. FASEVJEm' ENCB:WllVlEm' AGREE.VIENl' c1-- '!HIS AGREB\1ENl', made and entered into as of this! day of (lu.A p/ , 1987, by and between the CI'IY OF SIIEEVlXD, a nnmicipal ~on under the laws of the State of Minnesota (the "City") and IAWRENCE B. REID and PA'IRICIA A. REID, husband and wife (collectively, "Reid") . WI'lNESSKIH 1HAT: WHEREAS, Reid owns that certain real property (the "Reid Property") located in the City of Shorewood, County of Hennepin, State of Minnesota, described on'Exhibit A attached hereto and made a part hereof; and WHEREAS, the City owns a 15-foot wide sewer easement over a portion of the Reid Property, as set forth in that certain Quit-Claim Deed, dated May 30, 1972, and filed June 11, 1973, as Document No. 1073444, in the office of the Hennepin County Registrar of Titles (the "Sewer Easement"); and WHEREAS, Reid desires to construct a concrete patio over a portion of the Sewer Easement; and WHEREAS, the City is willing to pennit Reid to construct a concrete patio over a portion of the Sewer Easement, provided that Reid agrees to the provisions contained herein. WV, 'lHEREFORE, in consideration of the ITRltual covenants herein contained, the parties hereto agree as follows: 1. Reid shall have the right to construct a concrete patio over the Sewer Easement and to permanently maintain said concrete patio, except as provided otherwise herein. 2. If the City should ever desire to gain access to the sewer line located in the Sewer Easement for the purposes of maintenance, repair, relocation or replacement, the City shall have the right to immediately remove that portion of the concrete patio reasonably required in order to pennit the City to perfonn its work on the sewer line. 3. All costs and expenses incurred by the City in connection with the removal of said concrete patio shall be billed to Reid. If Reid fails to pay the BIOOunt billed for such removal, Reid agrees that the City may inpose a special assessment lien against the Reid Property in the BIOOunt incurred by the Ci ty for such removal. After the Ci ty performs any such work on the sewer line, Reid may replace the concrete patio over the Sewer Easement. " . .' . . . .. .' . I 4. This Agreement shall rrm with the land and shall benefit and be binding on all future owners of the Reid Property. IN WI'lNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. CI'IY OF SIIEEVlXD By:~~~ STATE OF MINNESOI'A) ) ss CUJNIY OF HENNEPIN) The foregoing ).}lstrument was acknowledged before me this .5 day of r · 1987. by K 0 b </u ,e A.I <~" /' . /lJ/J vtY e. of the City of Sh, wood, a Minnesota nnmicipal corporation, on behalf of the corporation. >i.LL?41.~~~1f otary PublIc ~~~~"""A6.'~4.A""..O" .,.."'.." ""~V'#"""'v~.."'v""~-;!>~.:""S'Ni~.~ <~,..~\L.lt" ". - ~ _ "_'. ,Ii. ,'\0" '''0;'' SANuRA L Iv-""v~' l\.1 ~p . fa,,". N r..'v' ""~. !.'-~~;':1i1.,..,.~_ 'l <;~ ,f., : t;~ OTA.,. PL.-clue - "HNf,;ESOT,tl , ~ \. ~l H[NNEPlN COUi'HV ft. L' "'M C ." . ,'" IY. om mission Expiras Aug. 14, lS'2\~ ;'.> "'~<~~~"'~ ... foregoing instrument was acknowledged" beior~H~'4tm~'<l1€5 , 1987, by Lawrence B. Reid and Patricia A. Reid, husband STATE OF MINNESOI'A) ) ss CUJNIY OF HENNEPIN) The day o?=> and wi . ~J KG~ . tary Public 8 JEAN K. PETERSON .u NOTARV PUIILIC - MINNESOTA DAKOTA COUNTY My Comm\ISton Exptres July 21. ,.., . ~ . ~ . . . EXHIBIT A Lot 10, Auditor's Subdivision Number 367, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. . . . DORSEY & WHITNEY A PARTNERSHIP INCLUDlNG PaOl"BSSIONAL CORPORATIONS 6'0 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STBEET ST. PAUL, MINNESOTA 66101 (612) 227-8017 340 FIRST NATIONAL BANK BUILDING P. O. BOX 848 ROCHESTER, MINNESOTA 66903 (607) 288-3166 316 FlRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 66391 (612) 476 -0373 360 PARK AVENUE NEW YORK, NEW YORK 10022 (212) 416-9200 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340-2600 TELEX 29-0605 TELECOPIER (612) 340-2868 201 DAVIDSON BUILDING 8 THIRD STREET NOJ;<TH OREAT FALLS, MONTANA ~9401 (406) 727-3632 1200 FIIlST INTERSTATE CENTER 401 NORTH 31ST STREET P. O. BOX 7188 BILLINOS, MONTANA l59103 (406) 262-3800 MARK E. HAMEL (612) 340-8716 30 RUE LA BOETlE 75008 PAErrS,FRANCE OU -33 (I) 43 -69 -13 -66 011-33 (1) 46-62-32-60 June 1, 1987 Mr. Larry B. Reid Bloomington Chrysler-Plymouth 8000 Penn Avenue South Bloomington, MN 55431 Re: Easement Encroachment Agreement Lake Minnetonka property Dear Larry: Enclosed please find a copy of the cover letter and revised Easement Encroachment Agreement that I received today from Glenn Froberg. You will note that he revised the Agreement to permit the City of Shorewood to immediately remove the portion of the concrete patio reasonably required to perform work on the sewer line. The City would not have to notify you in advance nor permit you to do the work your- self. According to Mr. Froberg's cover letter, the City Council was concerned that it have immediate access to the sewer line in case of a sewer blockage. As you can see from Mr. Froberg's cover letter, we should respond to him in advance of the June 8, 1987 City Council meeting. If you have any questions, please call me. MEH:ntk . . .. FROBERG & PENBERTHY, P.A. A TTORNEY5 A T LA W Glenn Froberg James G. Penberthy Paul B. Ahern May 28, 1987 .... '.1' ., Mark E. Hamel, Esq. Dorsey 81 Whi tney 2200 First Bank Place East Minneapolis, Minnesota 55402 Re: Easement Encroacbnent Agreement Lawrence B. Reid Dear Mark: 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 The City Council considered the proposed Easement Encroacbnent Agreement at their regular meeting on May 26, 1987, and determined that in order ~o be acceptable, the Agreement would have to provide for the City to take imnediate action to remove the patio in the event of a sewer blockage. I have redrafted the Agreement to provide for this al ternative. Please present it to your client, and if he is agreeable to this change, I will present the Agreement to the City Council for approval at their next meeting on June 8, 1987. Very truly yours, FID3ERG 81 PENBERIHY, P .A. g for the Ci ty of Shorewood GF:nbw Enclosure cc: Dan Vogt , . . . . ~. EASEWNl' ~ AGREm1ENl' /d- , . nus AGREm1ENl', made and entered into as of this day of ( ut.t...-J , 1987, by and between the CI'lY OF ~, a mmicipal rporation under the laws of the State of Minnesota (the "Ci ty") and LAWRENCE B. REID and PAlRICIA A. REID, husband and wife (collectively, "Reid"). WI1NESSEIH 1HAT: \\HERFAS, Reid owns that certain real property (the "Reid Property") located in the City of Shorewood, County of Hennepin, State of Minnesota, described on'Exhibit A attached hereto and made a part hereof; and WHEREAS, the City owns a i5-foot wide sewer easement over a portion of the Reid Property, as set forth in that certain Quit-Claim Deed, dated May 30, 1972, and filed June 11, 1973, as Document No. 1073444, in the office of the Hennepin County Registrar of Ti ties (the "Sewer Easement"); and WHEREAS, Reid desires to construct a concrete patio over a portion of the Sewer Easement; and \\HERFAS, the City is willing to permit Reid to construct a concrete patio over a portion of the Sewer Easement, provided that Reid agrees to the provisions contained herein. WV, 'niEREFCEE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. Reid shall have the right to construct a concrete patio over the Sewer Easement and to pennanently maintain said concrete patio, except as provided otherwise herein. 2. If the City should ever desire to gain access to the sewer line located in the Sewer Easement for the purposes of maintenance, repair, relocation or replacement, the City shall have the right to immediately remove that portion of the concrete patio reasonably required in order to permit the City to perform its work on the sewer line. 3. All costs and expenses incurred by the City in connection with the removal of said concrete patio shall be billed to Reid. If Reid fails to pay the moount bi lled for such removal, Reid agrees that the Ci ty may inpose a special assessment I ien against the Reid Property in the moount incurred by the Ci ty for such removal. After the Ci ty performs any such work on the sewer line, Reid may replace the concrete pat io over the Sewer Easement. . . . '/ 4. This Agreement shall run with the land and shall benefit and be binding on all future owners of the Reid Property. IN WI1NESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. The foregoing ipstrurnent w.,as aCknowledge,d"before me this -4- day , 1987, by 1(",0</':1 ;f ;/S('{/} ,17/r]'-,i"':IC of the CIty of a Minnesota municipal corporation, on behalf of the corporation. L . -. ;~. - ~~ .' .v {<"::-~ (...C ~,.~ ,~ ,kf ' otary Pub I ic f r:i'4"N'#~~""'$~ ':~~"~;"N'-#-~~!-J.," "';'J ..",. U..7 ,"~;,~i';;"" ,.." ~- ,.~. ,._ _ ~ \:",i' ...".. ":0.;., Si-\:\lt :r'A ~ fi: ._;\.:,I~:' t..( ..... ~.~.~'~~~ !!.-..!.,~ "',"" t:7., ',..,-;' "'--~'~"~-~_l. ~~ <!".':iI--"~'" ,,_TA.,. P.. ,I'C-"i"""--Y-A .. to.... ; ~-~, K:~~..~~'; . .__ . . - - .-. ,.~....,.; .-.::... j.... ,,-.w; :i: \~~,)~~: d.:;;Nt-.:EP!N CQU;'>iT'1 ;'" ! ''<' " ...... "c~ " " "'....r.> t.,y',,,mmt~;,U^n ~"~;'.,",'" , - 11 .. ., " ., w1. _",J"",,:,, ~.ll!J. '". 1~'='1 .~:t foregoing instrument was ==1:i;edtJ'b~1~~wrm'';ftffS''~ , 1987, by Lawrence B. Reid and Patricia A. Reid, husband STATE OF MINNEsarA) ) ss <Il.NIY OF HENNEPIN) //-7 of..j~!' J...... Shorewood, STATE OF MINNEsarA) ) ss <Il.NIY OF HENNEPIN) The day o~.. . "~..-", and wi . CITY OF SKm.WXD By:~~~ /? ~ i . ..!-<d a.' . ~ i~ f';i,IJ.V '. u"~ / J " "",,--, 'vlL';"1 J..AJ" ~tary Pub I ic 8 JEAN K. PETERSON .v NOTAAYPUBLIC-MINNESOTA DAKOTA COUNTY My CommissIOn Elcptnll July 21. 1.1 . . . ~ . . . EXHIBIT A Lot 10, Auditor's Subdivision Number 367, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. ..-:--: ~ ~~ \ . EASBVlENf ENCU.:nOlVlENf AGUEFMENf 1111S .AGllEFMENr, made and entered into as of this day of , 1987, by and between the CI1Y OF SIUlliWXD, a municipal corporation under the laws of the State of Minnesota (the "City") mld IAWHENCE B. HElD and PA11UCIA A. HElD, husband and wife (collectively, "Reid"). WI1NESSEllI 11JAT: WHEHEAS, Reid owns that certain real property (the "Reid Property") located in the Ci ty of Shorewood, County of lIermepin, State of Minnesota, described on, Exhibi t A attached hereto and made a part hereof; and WHEREAS, the City owns a 15-foot wide sewer easement over a portion of the Reid Property, as set forth in that certain Quit-Claim Deed, dated May 30, 1972, and filed June 11, 1973, as Document No. 1073444, in the office of the Hennepin County Registrar of 1'i tIes (the "Sewer Easement"); and ~~, Reid desires to construct a concrete patio over a portion of the Sewer Easement; and ~IEREAS, the City is wi 11 ing to penni t Reid to construct a concrete patio over a portion of the Sewer Easement, provided that Heid . agrees to the provisions contained herein. KM', 'lllEHEFUHE, in consideration of the mutual covenmlts herein contained, tIle parties hereto agree as follows: 1. Reid shall have the right to construct a concrete patio over the Sewer Easement mld to pennanentIy maintain said concrete patio, except as provided otherwise herein. 2. If the City sllould,ever desire to gain access to the sewer line located in the Sewer Easement for the purposes of maintenance, repair, relocation or replacement, the City shall have the right to inmediately rffilOve that portion of the concrete patio reasonably required in order to pennit the City to perfonn its work on the sewer line. 3. All costs and expenses incurred by the City in cormection with the ralloval of said concrete patio shall be bi lIed to Reid. If Reid fails to pay the amount bi lIed for such removal, Reid agrees that the City may inpose a special assessment I ien against the Reid Property in the 8100unt incurred by the Ci ty for such removal. After the Ci ty perfonns mlY such work on the sewer line, Reid may replace the concrete patio over the Sewer Easement. . ~~A ----- ,Ii'.. ;:/. .J . 4. 11lis Agreanent shall run with the land and shall benefi t mId be binding on all future owners of the Reid Property. IN WI1NESS WHEREDF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. CIlY OF SIUllil\UD By: Its Lawrence B. Rei d Patricia A. lteid STAlE OF MINNESOrA.) ) ss UUUY OF HENNEPIN) . 1be foregoing instrullent was acknowledged before me this day of , 1987, by ,of the Ci ty of Shorewood, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOrA.) ) ss mNlY OF HENNEPIN) 111e foregoing instrument was acknowledged before me this day of , 1987, by Lawrence B. Reid mId Patricia A. Reid, husband and wife. Notary Public . ,to' " ./ r . " ' ..I ,,/ . . . EXHIBIT A Lot 10, Auditor's Subdivision Number 367, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County.