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Home My WebLink About4. Encroachment Agreement with OIRE Minnesota, LLC Lj CITY OFSHAKOPEE Memorandum CONSENT TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consent and Agreement for Encroachment on City Easements between the City of Shakopee and DIRE Minnesota L.L.C. DATE: October 26, 2004 INTRODUCTION: Attached is a Consent and Agreement for OIRE Minnesota L.L.C. to encroach on a City drainage and utility easement for their parking and driveway improvements associated with property in the Valley Park 13th Addition. BACKGROUND: OIRE Minnesota L.L.C. is the owner of an improved parcel at 5825 11th Avenue in Shakopee. This company recently acquired a parcel of vacant land immediately south of the north parcel and intends to build an asphalt parking lot on the south parcel and connected by a driveway to the north parcel. Part of the parking lot and driveway will be over a portion of a City drainage and utility easement. Staff is requiring the property owner to enter into a Consent and Agreement for encroachment on the City's easment, in which the City will not be liable to repair or fix their parking or driveway improvements when and if the City exercises its easement rights. This agreement is necessary in order to protect the City from future costs associated with these improvements on City easements. ALTERNATIVES: 1. Authorize the appropriate City officials to execute this Consent and Agreement between the City of Shako pee and OIRE Minnesota L.L.c. 2. Do not authorize City officials to execute this agreement. 3. Table for additional information. ..,:.... :-....-..,:.. ::i ,.."...........:...:..: ....-.:. ...--. ../ ..RECOMMENDATIONi Staff recommends the execution of this agreement, as it protects the City from occurring any future potential costs for reconstruction of a driveway and parking lot over a City easement and does allow the property owner to construct the proper parking facility on their property. ACTION REQUESTED: Authorize the appropriate City officials to execute this Consent and Agreement between the City of Shakopee and OIRE Minnesota L.L.C. ~b Public Works DIrector BUpmp ENGRlEMPLOYEEFOLDERlPPENNlNGTON/COUNCIUOlREAGREEMENT " CONSENT AND AGREEMENT This Consent and Agreement (this "Agreement") is made as of the _ day of October, 2004, by and between the City of Shakopee, Minnesota, a municipal corporation (the "City"), and OIRE Minnesota, L.L.C., a Delaware limited liability company ("OIRE"). RECITALS: A. OIRE is the owner of an improved parcel of land located at 5825 11 tit Avenue, Shakopee, Minnesota (the "North Parcel"), which North Parcel is more particularly described on Exhibit A attached hereto. B. OIRE has recently acquired a parcel of vacant land immediately to the South of the North Parcel (the "South Parcel"), which South Parcel is more particularly described on Exhibit B attached hereto. OIRE intends to build an asphalt parking lot over a portion of the South Parcel (the "Parking Improvements"), connected by a driveway to the North Parcel (the "Driveway"). C. Pursuant to the Plat of Valley Park Thirteenth Addition, Scott County, Minnesota, filed December 31, 1996, as Document Number T-86112, the City is the holder of platted easements for drainage and utilities covering the South ten (10) feet of the North Parcel (the "North Parcel Easement") and the North twenty (20) feet of the South Parcel (the "South Parcel Easement"; and together with the North Parcel Easement, the "Easements"). D. OIRE has requested, and the City has agreed, that OIRE may construct (i) the Parking Improvements over a portion of South Parcel Easement, and (ii) the Driveway over a portion of the South Parcel Easement and the North Parcel Easement, pursuant to the terms and conditions of this Agreement. AGREEMENTS: : NOW, THEREFORE, in consideration of the above premises, and for One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. The City consents to the encroachment of the Parking Improvements and Driveway over the South Parcel Easement and the encroachment of the Driveway over the North Parcel Easement and grants permission to OIRE to maintain, operate and use the Parking Improvements and the Driveway over the Easements. 1699490v4 'l" , . 2. In the event the City needs to maintain, operate, repair or remove any drainage or utility improvements located within the Easements and the Parking Improvements or the Driveway interfere with such maintenance, operation, repair or removal, OIRE agrees to pay the cost of removing the necessary portion of the Parking Improvements or Driveway in order for the City to exercise its easement rights and thereafter restoring or reinstalling the portion of the Parking Improvements and Driveway that were removed. 3. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 4. OIRE shall indemnify, hold harmless and defend the City, its officers, employees and agents, from and against any and all damages, liability, fees (including attorneys' fees), penalties, and claims, including without limitation, those for personal injury, wrongful death or property damage arising out of or related to the use of any portion of the Easements, except due to the negligence, willful misconduct or intentional wrong of the City or its officers, employees or agents. 5. OIRE agrees not to suffer or allow any prior liens to be placed against the City's rights to or interest in the Easements as a result of OIRE's use of the Easements, including, without limitation any liens for labor or materials provided for any repair, maintenance, modification, or alteration ofthe Parking Improvements or Driveway. [Remainder of Page Intentionally Left Blank; Signature Page Follows] 1699490v4 'j_." ,f . IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY: CITY OF SHAKOPEE By: Its Mayor Its City Administrator Its City Clerk OIRE: OIRE MINNESOTA, L.L.c. By: Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of October, 2004, by , , and the mayor, city administrator, and clerk of the City of Shakopee, Minnesota, a municipal corporation, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of October, 2004, by , the Vice President of OIRE Minnesota, L.L.C., a Delaware limited liability company, on behalf ofthe limited liability company. Notary Public This Instrument Drafted By: Briggs and Morgan, P.A. (JAD) 2200 IDS Center Minneapolis, MN 55402 1699490v4 ~ . II. . EXHIBIT A Legal Description of North Parcel THAT PART OF LOT 1, BLOCK 1, V ALLEY PARK THIRTEENTH ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, SCOIT COUNTY, MINNESOTA, LYING EASTERLY OF A LINE DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 89 DEGREES 10 MINUTES 07 SECONDS EAST, ASSUMED BEARING, ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 962.31 FEET.TO THE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED; THENCE SOUTH o DEGREES 55 MINUTES 26 SECONDS EAST, PARALLEL WITH THE WEST LINE OF SAID LOT 1, A DISTANCE OF 448.45 FEET TO THE SOUTH LINE OF SAID LOT 1 AND SAID LINE THERE TERMINATING. 1699490v4 I.. . "../T4 EXlllBIT B Legal Description of South Parcel LOT 2, BLOCK 1, VALLEY PARK THIRTEENTH ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, SCOIT COUNTY, MINNESOTA. 1699490v4 I I "2002 RLIC-KuusJoto, LlD. ~~~li '~i ; ,., ,., Proposed United State Parcel ii~1 ::i f EXISTING PARCELS ",ir,.o< OPUS NORTHJ/VEST, LLC ,.,oft.. Service Facility in the plat of l!t~ VALLEY PARK THIRTEENTH i S8810'07"W _ _ ADDITION, Shakopee, MN (~ I)~ _ - 1103.55 ~ - II .. --- --- --- r-~-------~--------------~~------------------------------ -~------------ ----- - --- -- -- ; I ZD ......,':."SOOO,.........."."I/I _-r,.,,., \...._~....,t.at, hdIl.'IJIUJ:'t I I "-.-'$:;",,,..-- .... ...""'..1;.... _.t.... ...'. EXlSTlNGPARCB..OESCRII'TION. ...:.'. '.... :'. ......"..n; .:. .....:.:..~..:.:.>. "....,'....... .' 1'! I PARCEl. I: 1'; III :5. ~ I I Thot part of !.at I, Block I, VN.UY PARK THlRTEEN'lH AOOmON, """.,.11''''9 to th. racOl'ded plat ~=... I I thereof. Scott Count)', Mlnnesata l)ling oastcrfy at a One de.scrbed as cammcndn9 ot the northwest &8... I . I J;t comer of ad Lot I: thenco NQrlh 89 degrees 10 mlmltes 01 seconds East, assumed bearing> clong -11. , PARCEL 1 I the narll\ Ilno of saId !.at 1 0 dlolanes of 962.31 fo.1 10 11\0 paInt or boglnnlng of tho 1In. to b. l~ d ~ L 0 T I 1 I desaibed: thence South 0 degrees 55 minutes 26 aeccmds East. parollel with the wesl line of sokl Lot I . ~ 1 d I . . II I, a dlotones of 448.45 feet to the south line of said Lot I and said I~o tltera 1_lnollng. ;tiJ::l I , PARCEl. 2: "i " , '!e&lI ~ I II PO,:t .of Lot I, B/or:;~ 1 n I Lot 2. Block 1. VAurt PARK TlIIRTEENTlI ADDITION. accard1ng 10 111. recorded pia' !hereof. I'i'ii! n,!. ~ I" Ex/sting USPS Foc/7tfy l' I iH. - I .. I 1; la I ~ ..S3: . ~~ I J . d I ~~ !i!i ~ lOa;) I II ~:. ~I I ~iS \C)"l- I 1! , (1 1~ , : ~~ 'l I!' '" C) ~ I ft .~ - - ft I l:! Clwnen'Iltwelcl 8urYeyar IE :I! ~ c;:, I . '. I . ~. CI) I' '.',.< .' I Opus Northwest, U.C Rt.X-J<uuslsto, Ltd. ; R .. ~ I 4 ' '. ~, J 10351l Bren Road West 6110 S1ua Cttcla Drive " 15 f:l L I, ,:... -::~ J Mlnnotonka, MN 55343 Sulta fiCO i!i a 0 ','I . ,'. I , (952) 656-4#4 Mlnnetonka, MN 55343 ." , , ~. ...' I ] (952) 933-0972 I '--...' I I p. I " I MEA " II PARCEL 1 . 11.95 oc" PARCEL 2 . 2.04 acres I ','" .."--,.,....'_~I...,,.. " '.' TOTAL - 13.99 acras ~, l' .,,,,,,,,,,...lHItIfttN,,,..QtI/Iat HI . ,I I . / 1 \ L________________ .._$oNlII.....,LIlt......1.v-u..cr I ~ III . Qltr~ ,,,: ,Nt, 1HII.nonN 1otIoI1KH 2Q :z ~ .-'- rot'iil... _.... -, I 0 - - - _ 1&:D Q'2 ,,&".r"~ / -- -------- -- -..' _ ~ ~CJ. ~" . ~ t... ... uc~ LJ 1:I~'J...,.' II, ---=--ut_"'-u.~~,<4:..... . a: - vt_ . ....:,.."'.. _.1 ...... _ NORTH ." 355.05 V S89'10'07"W ~ . o 60 120 ~ ',' ,< t 1 Q " > ' 2 SCALE IN FEEf ~' ~ ~~~. ". ~ . . . '.: /., ',:, ~.' --. -----.J., I a: ~ '.'. J. (t .'" . ". ! U!ol.l .... 8- :. :::...-::::::.---- - f^ (J)~ ~~ ~ ~J /. 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