23 AGREEMENT
TO MAINTAIN EASEMENT
THIS AGREEMENT is made and entered into as of the Z( day of De ,
2001., by and between MA5I.en( fS (LL.Lc("Developer") and the City of New Hope, a
Minnesota municipal corporation ("City ").
WITNESSETH:
WHEREAS, the Developer owns certain real property located in the City of New Hope,
County of Hennepin, State of Minnesota, at 8401 54th Avenue North, legally described as:
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WHEREAS, the Developer's predecessors in title granted to the City certain drainage
easements over a portion of the Property legally described as:
PROPOSED DRAINAGE AND UTILITY EASEMENT
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(the "Easem ents"), said Easements being set forth more fully in the certain easement document
filed files of the Hennepin County Recorder, and
WHEREAS, the Property is suitable with the Watershed, and
permanent provisions for handling of storm runoff, including provisions for operation and
maintenance of all stormwater runoff facilities and ponds, are required, and such provisions are to
be set forth in an agreement to be recorded in the real estate records; and
WHEREAS, the City has given approval to the easement subject to compliance by the
Developer with certain conditions, including entering into an easement maintenance agreement
with the City;
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Maintenance of the Pond. The Developer and its successor or assigns as fee owner of
the Property shall be responsible for maintaining the Easements and observing all Drainage Laws
governing the operation and maintenance of the Easements. The Developer shall provide the City
with a schedule acceptable to the City for inspection of the Easements and outlet control structure.
The Developer shall make all such scheduled inspections, keep record of all inspections and
maintenance activities, and submit such records annually to the City. The cost of all inspections
and maintenance, including skimming and cleaning of the Easements, shall be the obligation of the
Developer and its successors or assigns as the fee owner of the Property.
2. City's Maintenance Rights. The City may maintain the Easements, as provided in
this paragraph, if the City reasonably believes that the Developer or its successors or assigns have
failed to maintain the Easements in accordance with applicable Drainage Laws, and such failure
shall continue for thirty (30) days after the City shall give the Developer written notice of such
failure. The City's notice shall specifically state which maintenance tasks are to be performed. If
Developer shall not complete the maintenance tasks within thirty (30) days after such notice is
given by the City, the City shall have the right to enter upon the Easement to perform such
maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs
to the Developer or its successors or assigns, who shall pay said costs within thirty (30) days of
receipt of said invoice. Notwithstanding the foregoing, in the event to an emergency, as
determined by the City Engineer, the thirty (30)-day notice requirement to the Developer for
failure to perform maintenance tasks shall be and hereby is waived in its entirety by the
Developer, and the Developer shall reimburse the City for any expense so incurred by the City in
the same manner as if written notice as described above has been given.
3. Hold Harmless. The Developer agrees to indemnify and hold harmless the City and its
agents and employees against any and all claims, demands, losses, damages, and expenses
(including reasonable attorneys' fees) arising out of or resulting from the Developer's or the
Developer's agents or employee's negligent or intentional acts, or any violation of any safety
2
law, regulation or code in the performance of this Agreement, without regard to any inspection or
review made or not made by the City, its agents or employees or failure by the City, its agents or
employees to take any other prudent precautions. In the event the City, upon the failure of the
Developer to comply with any conditions of this Agreement, performs said conditions pursuant to
its authority in this Agreement, the Developer shall indemnify and hold harmless the City, its
employees, agents and representatives for its own negligent acts in the performance of the
Developer's required work under this Agreement, but this indemnification shall not extend to
intentional or grossly negligent acts.
4. Costs of Enforcement. The Developer agrees to reimburse the City for all costs
incurred by the City in the enforcement of this Agreement, or any portion thereof, including court
costs and reasonable attorneys' fees.
5. Notice. All notices required under this Agreement shall either be personally delivered
or be sent by certified or registered mail and addressed as follows:
To the Developer: isAth511A GcAi LC G
r
`i 0 Sf y i ‘4,t_
e_ AA.) 5-5-4Z�
Attn: Nl 4.4c (kkcA-5
To the City: City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
All notices given hereunder shall be deemed given when personally delivered or two (2) business
days after being placed in the mail properly addressed as provided herein.
6. Successors. All duties and obligations of Developer under this Agreement shall also be
duties and obligations of Developer's successors and assigns.
7. Effective Date. This Agreement shall be binding and effective as of the date hereof.
•
3
DEVELOPER, a Minnesota
Co '►Qq.' o�
By: �LA .
Its:, Affiggairiv .
''\
STATE OF MINNESOTA ) 4S)C---_
ss. v
COUNTY OF )
The foregoing instrument was acknowledged before me this / day of,A11,42-n,itz ,
200iL, by Ma,,,./1) /7 7a Z , the b/ of
f11ecA4..4c, a Minnesota -50, on behalf of said
��/ ) ( cr"`Notary Public
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....ai PAMELA F' ^TRO `til]
NOTARY PL' _.; % k
NMy Commission Expr,,3 J;:,1 ,J1U l�
CITY OF NEW HOPE, a Minnesota
municipal corp ration
By: d
I Mayor
,ci.,:k1By:
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The f regoing instrument was acknowledged before me this .3 day of 7))aG2.G!� ,
2001, by 4,AJJ i f-1 eryl KC;1, and Kik J)JC jsvi.a/4 , the Mayor and City
Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said
municipal corporation.
i', '"
s-_,-_-_-_-_,,,,,,-; -Zit.-- . ;_. .:1 Notary Public
KI--.1'. VALERIE LEONE
`•;:, 1 NOTARY PUBLIC-MINNESOTA
S.. �'�' -� My Commission Expires Jan,31,2010 b,t
4
HARRY S. JOHNSON Pond Easement Survey
LAND SURVEYORS p� for
9063hLyng-le Ave.- So.1ox:95Bloom -884, MN. 55420 City of New Hope MN
phone:952-884-5341 fox:952-884-5344
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Y zn� UTILITY EASEMENT
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SITE LEGAL DESCRIPTION -, a L i -
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Developer owned real property description: I I 11 Ba01 54TH Ncw"
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Lot 1, Block 1, MASTERS NEW HOPE ADDITION, Hennepin u- L" a,
County, Minnesota. O I L
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PROPOSED PONDING, DRAINAGE I 3 (--
4c UTILITY EASEMENT Ki
LOT 1
That part of Lot 1, Block 1, MASTERS NEW HOPE ADDITION, ILL] co H Hennepin County, Minnesota described as follows: -7 o
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Beginning at the Northeast corner of said Lot 1; thence -
South 0 degrees 11 minutes 15 seconds East, on on n _
assumed bearing along the East line of said Lot 1, a -7
distance of 97.00 feet; thence South 89 degrees 29 z_ o
minutes 55 seconds West, 180.00 feet; thence North 26
degrees 34 minutes 47 seconds West, 39.00 feet; thence (,)
North 3 degrees 38 minutes 33 seconds East, 65.00 feet
tot the North line of said Lot 1; thence South 89 degrees •=;-
39 minutes 07 seconds East, along said North line, 193.00 -`-
feet to the point of beginning. O
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CERTIFICATION
8 I INII_ I AlII A LJ
I hereby certify that this survey, plan or report was prepared by me
or under my direct supervision and that I om a duly Registered Land
Surveyor under the laws of the State of
of�Minnesota.
Date: October 28, 2008 L ' ' , / /'
Th as E. Hodorff, L.S. M /reg. No. 23677 JOB NO: 2008350.00
HARRY S. JOHNSON
LAND SURVEYORS L
___Af
October 29, 2008
Mark Master
Master Transfer
8401 54th Avenue North
New Hope, MN
Re: Pond Maintenance Easement
Mark,
After discussing requirements with Curtis Jacobsen (City of New Hope),the following
descriptions should be inserted into Pond Maintenance Agreement.
Developer owned real property description:
Lot 1, Block 1,MASTERS NEW HOPE ADDITION, Hennepin County, Minnesota.
Proposed drainage,utility and ponding easement.
That part of Lot 1, Block 1, MASTERS NEW HOPE ADDITION, Hennepin County,
Minnesota described as follows:
Beginning at the Northeast corner of said Lot 1;thence South 0 degrees 11 minutes 15
seconds East,on an assumed bearing along the East line of said Lot 1, a distance of 97.00
feet;thence South 89 degrees 29 minutes 55 seconds West, 180.00 feet;thence North 26
degrees 34 minutes 47 seconds West, 39.00 feet;thence North 3 degrees 38 minutes 33
seconds East, 65.00 feet tot the North line of said Lot 1;thence South 89 degrees 39
minutes 07 seconds East, along said North line, 193.00 feet to the point of beginning.
Questions or additional requests please contact our office.
11you,
Z- ./troAnt
Thomas E. Hodorff, L.S.
Harry S.Johnson Co., Inc.
9063 Lyndale Avenue South
Bloomington,MN 55420
tele(952)884-5341
fax(952)884-5344
e-mail:tom(�hsjsurveyors.com
website:www.hsjsurveyors.com
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