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Home My WebLink About2008-12-15 Corblick & NSP Encroachment License Agreement-2009-02-18 WC Record Document #3726019EN ROACIRMIEN T` LICENSE AGREEMENT" TFUS .AGREEMENT made this `� of 2008, betw NORTBERN STATES POWER COMPANY, a Minnesota corporation doing business as Xcel Energy (hereinafter called "NSP "), and Douglas P. Corblick, (hereinafter called "Licensee "). WITNIESSETH WI UAS, Licensee is the owner of the following described property (hereinafter called 'Owned Promises"): Lots 6 and 7, Block 1, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. EEREAS, NSP is the owner of the following described property (hereinafter called 'WSP Property Lot S, Block 1, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. WBEREAS, N'SP owns, operates and maintains on said NSP Property, an electric transmission line. WHEREAS, Lieen.see has constructed a Playhouse/Shed structure that encroaches on the NSP Property, NOW, I E REFORE, for and in consideration of the covenants and agreements hereinafter contained to be kept and performed, NSP and Licensee agree that: 1. NSP does Hereby grant unto Licensee, its successors and assigns the right to encroach upon, occupy and to use, in the manner hereinafter specified, the portion of the NSP Property described in paragraph 2 hereunder. 2, The right 'of encroachment, occupancy and use granted herein shall 'b e limited to that hart of the aforedeseribed NSP Property described 'as follows: The north 3 feet of the east 14 feet of the crest SO feet of said Lot 5. The aforedescribed portion of the NSP Property is hereinafter called "Encroachment Area ". 3726019 Receipt#: 91599 AGR $46.00 Certified Filed and/or recorded on: 2/18/2099 1:59 PM 3'26919 Office of the County Recorder Rehm o: Property Records & Taxpayer Services NORTHERN STATES POWER C❑ Washington County, MIN 414 NICOLLET MALL MPLS MN 65401 Kevin J hid, Collilty Reel)pdej- EN ROACIRMIEN T` LICENSE AGREEMENT" TFUS .AGREEMENT made this `� of 2008, betw NORTBERN STATES POWER COMPANY, a Minnesota corporation doing business as Xcel Energy (hereinafter called "NSP "), and Douglas P. Corblick, (hereinafter called "Licensee "). WITNIESSETH WI UAS, Licensee is the owner of the following described property (hereinafter called 'Owned Promises"): Lots 6 and 7, Block 1, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. EEREAS, NSP is the owner of the following described property (hereinafter called 'WSP Property Lot S, Block 1, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. WBEREAS, N'SP owns, operates and maintains on said NSP Property, an electric transmission line. WHEREAS, Lieen.see has constructed a Playhouse/Shed structure that encroaches on the NSP Property, NOW, I E REFORE, for and in consideration of the covenants and agreements hereinafter contained to be kept and performed, NSP and Licensee agree that: 1. NSP does Hereby grant unto Licensee, its successors and assigns the right to encroach upon, occupy and to use, in the manner hereinafter specified, the portion of the NSP Property described in paragraph 2 hereunder. 2, The right 'of encroachment, occupancy and use granted herein shall 'b e limited to that hart of the aforedeseribed NSP Property described 'as follows: The north 3 feet of the east 14 feet of the crest SO feet of said Lot 5. The aforedescribed portion of the NSP Property is hereinafter called "Encroachment Area ". 3. The rights of encroachment and the rights and licenses herein granted shall be ]ignited to the use by Licensee of the Encroachment Area for the purpose of constructing, maintaining and using thereon a 3 foot portion of a Playhouse /Shed building 'in the Encroachment Area only, at an elevation, not to exceed 17 feet from the existing ground elevation. Licensee agrees, that in the event the building is destroyed; no part of a replacement building will be within the NSP Property. Licensee further agrees that no additions or ,improvements shall be made to the portion of the building that lies within the NSA Property. Licensee agrees, and it is an express condition upon which this right of encroachment is granted, that the stiveture shall not be used for any purpose which creates a hazard to NSP's power lines and facilities, and specifically that there shall be no storage or use of petroleum or other products having volatile characteristics or explosives therein. The provisions of this paragraph shall not apply to small amounts of products. stored for normal household and yard maintenance. 4. Licensee accepts the Encroachment Area in its present condition without any promises, agreements or obligations on the part of NSP to make any improvements or repairs thereon. S. Licensee agrees to assume all liability and to indemnify and compensate NSP for any injury or damage to persons or property, including NSP's property or employees, occasioned by, or arising in connection with the use of the Encroachment Area by Licensee, its employees, customers or agents, and Licensee further agrees to defend, indemnify and save NSP harmless against all actions, claims, damages, or demands which may be brought or made against NSP by reason of anything done by Licensee, its employees, customers or agents, in the exercise or purported exercise of the rights, privileges and duties herein granted.. 6. Licensee agrees to secure all necessary permit s that may be required from i unicipal, state or federal. authorities to construct and operate its building in the Encroachment .Area. 7. As part of the consideration of this A.green emit, Licensee expressly waives all right, claim or cause of action which Licensee, its successors and assigns, may now or hereafter have against NSP, its successors or assigns, occasioned by or arising from any interference with radio, television, electronic, computer, cathode ray tube, photographic, or other types of electronic or related equipment affected in any manner by electrical or magnetic fields, or any other communication transmission or reception ul or upon any portion of the Encroachment Area. or in or upon any portion of said building or any injury, illness or adverse health effects whatsoever caused or 'occa.sione in any manner by the presence, or operation of electric transmission lines and related facilities in and upon- the NSP Property. 8. If, for any reason, Licensee shall net keep and perform any and all of the covenants and agreements contained herein, and should Licensee fail to correct the condition violated within thirty (30) days after receiving written notice to do so from NSP, the right of encroachment granted herein shall thereafter automatically terminate without further act by NSP and Licensee shall surrender the Encroachment Area to NSP in substantially its original. condition. 9. Any implied or unwritten consent of NSP in any instance to any variation of the terms or conditions of this Agreement shall not be deemed a waiver as to any breach of covenant or condition herein contained nor shall. any waiver or modification be claimed as to 4ny provision of this Agreement unless the sane shall be endorsed hereon by N'SP. Failure of NSP to insist upon the strict performance of the terms, covenants, agreements and conditions contained herein, or any of them, shall not constitute or be construed as a waiver or relinquishment of NSP's right to thereafter enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. 10. It is agreed that the provisions and conditions of this Agreement shall bind and inure to the benefit of the heirs, legal representatives, successors in interest and assigns of the respective parties hereto, and Page 2 of 4 that these conditions and covenants shall specifically be deemed to run with the land known as Owned Premises, as well. 11. All notices, demands and other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered to have been duly given or served if sent by first- class certified or registered mail, retur=n receipt requested, postage prepaid, to the party at its address set forth below. If to NSP, to: Xcel Energy Attn: Siting and Land Rights 414 Nicollet Mall, MP -S Minneapolis, Minnesota 55401 If to Licensee, to: Douglas P. Cor-blick 15471 St. N. Stillwater, MN 55082 12; This Agrccmcnt is .made and executed under the laws of Minnesota and is intended to be governed by the laws of said State. 13. The unenforceability or invalidity of any provisions hereof shall not render any other provision or provisions herein contained unenforcea or invalid. IN - WITNESS WBEREOF, NSP and Licensee have caused this Agreement to be executed as of the day and year first above written, NORTHERN STATES POWER, COMPANY 1 L By Gre P, arnberlain, Director Portfolio Delivery & Integration X cel Energy_ r Services Inc. Authorizes Agent for Northern States Power Company, a Minnesota corporation, d1b /a Xcel Energy STATE OF SOTA I . .. .. .... . ss. COUNTY OF YIENNEPIN ) If 7 The foregoing instrument was acknowledged before nee this day of � f� 2009, by dreg P. Chamberla.iti, Director, Portfolio Delivery & Integration, Xcel Energy S as Authorized Agent for Norffiern- States Power Company, a Minnesota corperati.on, dlbla Xcel Energy on behalf of the Corporation.. L .. BONNIE J. :ANDERSON Notary Public �tvta y ublic I�nnvta My Commission Expires uery 3f. 2D44 Page 3 of 4 LICENSEE STATE OF MINNESOTA � ) SS . COUNTY OF (VI f n � B Do Qrb]ack The foregoing instrument was aeknowledgiW before me this day of 2008, by Douglas P. Corblick, 3 an unmarried person. MP 10 This instrument was drafted bar: BA /DJF Northei n States Power Company 414 Nicollet Mall NAP -8 Mhuleapoirs, Minnesota 55401 2008.355 - tary . ublic Page 4 of 4