04/06/1978 Donald and Lois White -Erosion Control Measures a,.
AGREEMENT
THIS AGREEMENT is made and entered into this
(0 day of
1978 , by and between Donald and Lois White , husband
and wife , owners of the property in the City of Fridley, County of
Anoka, State of Minnesota, legally described as the Southerly 25
feet of Lot 13 and all of Lot 14, Block 5 , Pearson' s Craigway Estates ,
hereinafter referred to as "Owners" , and the City of Fridley, Minnesota,
a municipal corporation, hereinafter referred to as "City" , and is
based on the following premises :
1. Stonybrook Creek is a natural outfall for a stormwater drainage
district in the City which flows across Owners ' property after
passing under the public roadway known as Alden Way NE through
a City-owned and maintained set of 54 inch corrugated metal
pipe culverts.
2 . The Owners have experienced damage due to erosion of their
property caused by the water flow through the aforementioned
culverts . The Owners have been advised by their engineering
consultant that such erosion, if permitted to continue, may
threaten the structural integrity of the home built on the
property described above.
3. The City recognizes that installation of elbows on the culverts
would help reduce the erosion of Owners' property described
above by redirecting the water flow of Stonybrook Creek, and the
Owners have requested that the City take such action.
NOW, THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. The Owners promise to purchase one elbow to be installed on the
aforementioned culverts in consideration of the City' s promise
to purchase one elbow for the aforementioned culverts and to
install both the City-purchased and the Owner-purchased cul-
verts to the existing culverts on the Owners' property described
above.
2 . As further consideration for the City' s aforementioned promise,
the Owners promise to use their best effort to secure the
concurrence with the installation of the elbows to the culverts
from the property owner of Lot 13 , except the Southerly 25 feet,
Block 5 , Pearson' s Craigway Estates , which abuts Stonybrook Creek
to the North of Owners' property described above.
3 . Further, the Owners understand that it is their responsibility
f
Agreement -2-
Donald & Lois White/City of Fridley
to provide control measures for the protection of their property
and the structures located thereon from erosion due to natural
causes associated with Stonybrook Creek, and, therefore ,
promise to take reasonable steps , including the provision of
labor and materials , for this purpose .
Donald R. White Owner
Loid D. White Owner
City of Fridley
-X�
Ma"y" or - Will J. Nee
City Manager - Nasim M. Qureshi