Agreement r /r n
STATE OF MINNESOTA ' /
COUNTY OF ANOKA AGREEMENT
THIS AGREEMENT, dated this ?;7Y41 day of NaV , 1993,
by and between the City of Fridley, a municipal corporation
(hereinafter referred to as "the City") , and Brian J. Kovar,
(hereinafter referred to as "Kovar") , a single person.
WHEREAS, Kovar is the owner of Lot 8, Block 1, Bayer's Lakeside
Addition, Anoka County, Minnesota (hereinafter referred to as the
"subject property") ; and
WHEREAS, the subject property was platted with a six foot drainage
and utility easement along the west property line and a ten foot
drainage and utility easement along the south property line; and
WHEREAS, a property survey of the lot drawn up by Lot Surveys
Company on January 27, 1976 did not show the ten foot easement
along the south property line; and
WHEREAS, Kovar wishes to build a shed in the southwest corner of
his lot five and one-half feet from the west property line and
three feet from the south property line.
THEREFORE, it is agreed by and between the parties as follows:
1. The City hereby agrees to permit certain improvements within
the drainage and utility easement.
2. Kovar acknowledges that the City may from time to time need
to utilize the easement. Kovar agrees to hold the City
harmless for any damages which may occur to the improvements,
due to the City's exercise of its rights within the easement
area. Kovar further acknowledges that if the City needs to
remove the improvements to obtain access for the purpose of
exercising its easement rights, he will be responsible for
the cost involved in removing the improvements. Additionally,
any reconstruction of the improvements, including any costs,
shall be the sole responsibility of Kovar.
3. Any additional costs incurred by the City in utilizing its
easement, which are caused by reason of the improvements,
shall be reimbursed to the City upon thirty (30) days written
notice to the Kovar at 7536 McKinley Street N.E. or at such
other address as he shall provide to the City in writing.
4. This agreement shall be binding upon both parties and upon
their heirs, successors and assigns.
IN WITNESS THEREOF, the parties to this Agreement have affixed
their signature to this Agreement on the date first mentioned in
this Agreement.
CITY OF FRIDLEY
By: V
Its Mayor
BY: J �/. _
Its City`Manager
STATE OF MINNESOTA)
)ss.
COUNTY OF -ZarQXA-- )
iier►neril
The foregoing was acknowledged before me this - ' day of
vewnbef , 1993, by William J. Nee, the Mayor, and by William
W. Burns, the City Manager of the City of. Fridley, a Municipal
Corporation under the laws of Minnesota, on behalf of the Municipal
Corporation.
.AA■
GRANT E. FERNELIUS
;' NOTARY HENNEP PUBIN COLIC-MUNTY TA INNESO
4.«
My Commission ExxpiresAug.07,1995
X w
Irian J K• -r, a single person
STATE OF MINNESOTA)
)ss.
COUNTY OF -Alt:Mr
On this 3 t day of 1 /e 4Je✓' , 1993, before me, a Notary
. Public, within and for said County, personally appeared Brian J.
Kovar,att�l eki nto be the person described in and who executed
the foregoing instrument and acknowledged that he executed the same
as his free act and deed.
x WAWA■
GRANT E. FERNELIUS E
r_tv NOTARY PUBLIC- MINNESOTA
HENNEPIN COUNTY
My Commission Expires Aug.07,1995
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Drafted by:
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City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
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