1899 Covington Lane - Encroachment and Maintenance Agreement for Deck
1899 COVINGTON LANE
ENCROACHMENT AND MAINTENANCE AGREEMENT
FOR DECK
This Encroachment and Maintenance Agreement ("Agreement") is made and entered into
this 4+-k-- of , 2009, by and between the City of Eagan, a Minnesota municipal
corporation (the "City") d Jon M. Carlson and Bonnie L. Carlson, husband and wife, (the
Landowners) The City and Landowners are collectively referred to as the "Parties"..
WHEREAS, the Landowners applied to the City for approval of a building permit to
construct a deck at the rear of their home at 1899 Covington Lane, located within the City; and
WHEREAS, the Landowners are the fee title holders of said real property legally
described as Lot 2, Block 1, Park Ridge 2nd Addition (the "Parcel") in Dakota County,
j Minnesota; and
WHEREAS, the Landowners desire to construct a deck with footings (the
"Improvements") to be maintained by the Landowners within certain public drainage and utility
easement dedicated on the Parcel (the "Easement");
NOW, THEREFORE, the City and the Landowners agree as follows:
1. Encroachment. The City hereby authorized the Landowners to construct,
maintain and repair the Improvements within the Easement subject to the
terms of this Agreement.
2. No Waiver. Nothing in this Agreement shall be deemed a waiver or
abandonment of the City's rights in the Easement.
3. Costs. The Landowners shall be responsible for all costs relating to
construction, maintenance and repair of the Improvements, all of which
Improvements shall be constructed by the Landowners in accordance with the
plans and specifications approved by the City (the "Plans").
GAEasementADeck Esmt,1899 Covina on LnAoc
4. Temporary Removal and Reconstruction. If the City requires the use of the
Easement for installation, maintenance, removal or replacement of utilities or
pond maintenance within the Easement, the Landowners shall be responsible
for removal of the Improvements and reconstruction of the Improvements all
in accordance with the Plans, and the City's only obligation shall be to fill the
excavated area and level the same to the grade that it was prior to the
foregoing action by the City.
5. Maintenance. The Landowners shall maintain the Improvements in a safe and
aesthetically pleasing condition.
6. Insurance and Indemnification. The Landowners shall name the City as an
additional insured for comprehensive liability insurance in an amount not less
than the maximum liability coverage on the homeowner policy and shall
provide a copy of the insurance certificate to the City contemporaneously with
the execution of this Agreement. The Landowners shall indemnify and hold
the City and its employees, agents and contractors harmless from (i) and all
claims arising out of or related to the use of the Easement or the
Improvements by the Landowners or their guests or invitees, and (ii) any and
all claims arising out of or related to the maintenance of the Easement by the
City or its employees, agents or contractors, including, without limitation,
damage to the Improvements caused by their equipment.
7. Default. If the Landowners fail to take any action required in connection
with the Agreement, the City may take the action and bill the Landowners for
the costs thereof. If the Landowners fail to reimburse the City of the costs
thereof within ten (10) days after receipt of the bill, the City may take any
action permitted by law to collect the amount owed plus the costs of
collection, including but not limited to attorneys' fees. Without waiving its
other remedies, the City may levy an assessment against the Parcel for all
costs incurred by the City, and the Landowners hereby waive any and all
rights to challenge or appeal the assessment.
8. Validity. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this agreement is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portion of this Contract.
GAE-asements\Deck Esmt,1899 Covington Ln..doc
9. Binding Agreement. The Parties mutually recognize and agree that all terms
and conditions of the recordable agreement shall run with the land herein
described and shall be binding upon the successors and assigns of the Parties
hereto.
n"., .
Jon M arlson /
lcJUyVwc,~ ~
Bonnie L. Carlson
STATE OF MINNESOTA)ss.
COUNTY OF DA ICoTA )
The foregoing instrument was acknowledged before me this day of
2009 by Jon M. Carlson and Bonnie L. Carlson, husband and wife.
JUDY M.JEMNS
i ARY PUBLIC • MINNESOTA
My Commission Ex pip es Jan. 31, 2010 )otary 1
APPROVED AS TO FORM:
-S -o"
City Attorney's Office
Dated: ~6
APPROVED AS TO CONTENT:
Public Works Departt
Dated: ' 4 -01
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF EAGAN
3830 Pilot Knob Road
Eagan MN 55122
651-675-5646
Easement No. 1183
GAEasements0eck Esmt,1899 Covington LnAoc
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POND AP-15.1
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Lot 2, Block 1 V
SCALE 1"=40' Description of Encroachment Agreement:
That part of Lot 2, Block 1, Park Ridge 2nd Add., Dakota County, Minnesota
lying 15.00 feet southwesterly and parallel to the following described line:
Commencing at the most westerly corner of said lot 2, thence north 45 degrees
39 minutes 00 seconds east a distance of 126.31 feet to the beginning of the line to
NORTH be described; thence south 48 degrees 23 minutes 50 seconds east to the
southeasterly line of said Lot 2 and there terminating. Excepting the northwesterly
5.0 feet and the southeasterly 10.0 feet of said Lot 2.
City of EgIl 1899 COVINGTON LANE 3-24-09
Engineering Department
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