HomeMy WebLinkAbout2025-06-11 Encroachment Agreement - 1682 Lakeland CircleENCROACHMENT AGREEMENT
AGREEMENT ("Agreement") was made this _� day of June, 2025 by and between the CITY
OF CENTERVILLE, a Minnesota municipal corporation ("City"), and Alexandria Davis and
Kyle L Davies, a married couple ("Landowners").
RECITALS
A. Landowners owner in fee as tenant the real property situated in Anoka County,
Minnesota, legally described as follows ("Subject Property"):
PIN #14-31-22-34-0061 LOT 1, BLOCK 2
1682 LAKELAND CIRCLE LAKELAND HILLS
B. Landowners is allowing 1680 Lakeland Circle to construct a 4", PVC drainpipe to
enter into your property through your back yard heading westerly approximately 93' and
approximately 55' from the rear property line and deposit their sump pump discharge into a
discharge located on the property. The drainpipe will enter and exit the entire 5' city right-of-
way/drainage utility easement which is 5' on the east side of the property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
THE PARTIES AGREE AS FOLLOWS:
1. The City hereby grants Landowners permission to encroach into the City's right-
of-way/drainage and utility easements as stated above and to the extent of the attached EXHIBIT
"A"
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2. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver
of the City's interest in the right-of-way/drainage and utility easement(s).
3. Landowners, for themselves, their heirs, successors and assigns, hereby agree to
defend, indemnify and hold the City harmless from all costs and expenses, claims and liability,
including attorney fees, relating to or arising out of the grant to Landowners permission to
encroach into the City's rear yard right-of-way/drainage and utility easement(s) with a drainpipe
as stated above. Landowners further agree to indemnify and hold the City harmless from any
damage caused to the Subject Property as a result of maintenance of the City's right-of-
way/drainage and utility easement, including any damage to the drainpipe within the rear yard
caused in whole or part by the encroachment into the City's rear yard right-of-way/drainage and
utility easement(s).
4. The City does not warrant title or guarantee the continuing right of Landowners to
maintain the drainpipe within the City's rear yard right-of-way/drainage and utility easement.
5. Landowners may not replace the drainpipe City's rear yard right-of-way/drainage
and utility easement(s) if the drainpipe is damaged more than fifty percent (50%) of its fair
market value, as measured immediately prior to the damage.
6. The City may direct removal of the drainpipe at the Landowners' sole cost and
expense, upon thirty (30) days written notice if the City determines that the drainpipe interferes
with said use. City's use of easement or it may cause upstream problems or property damages or
if Landowners has failed to comply with any City requirements associated with the
encroachment. if the removal is not completed by Landowners within the time prescribed, the
City may remove the encroachment at Landowners' expense and Landowners agree that the City
may collect the costs of such removal as a special assessment against the property. Landowners
specifically waives the requirements for public hearings associated with any assessment.
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7. This Agreement shall run with the land and shall be recorded against the title to
the Subject Property.
CITY OF CENTERVILLE
Nancy Golden, Mayor
Teresa Bender, City Clerk
PROPERTY OWNERS
By:
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Alexan(ria Davies
By.
Kyle L 1)avies
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA )
The foregoing instrument, having been duly adopted and approved by vote of the City
Council of Centerville, Minnesota, at a meeting held the day of .... , 2025 was
acknowledged before me this day of �w ..... , by Mayor Nancy Golden and
Teresa Bender, Mayor and City Clerk, respectively, of the City of Centerville, a Minnesota
municipal corporation.
Notary Public
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STATE OF MINNESOTA }
) ss.
COUNTY OF ANOKA )
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; The foregoing instrument was acknowledged before me this , ' day of N4 y, 2025,
Alexandria Davies and Kyle L Davies, a married couple ("Landowners").
DRAFTED BY CITY OF CENTERVILLE
1880 Main Street
Centerville, MN 55038
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Notary Public
Teresa Bender
Notary Public
Mlnnesota
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