Loading...
HomeMy WebLinkAbout2009-04-29 Fully Executed CUP DocuementCITY OF OAK PARK HEIGHTS CONDdTIONAL USE PERMIT For DOUGLAS P. CORBLICK File No.: 798.02— 09.01 Date Issued: April 29,2009 Legal Description: (Washington County Geo. Code 03.029.20.21.00$5) Lots 6 and 7, Block 1, Oak Park, Washington County Owner: Doug Corblick Address: 15471 58 Street North Site Address: 15471 58 Street North Present Zoning District: R -1, Single Family Residential District Permitted uses set forth in Ordinance 401 Section 401.15.D I. COMM7C'IONAL USE PERMITS (3): To Locate An Accessory Building Within A Side Yard, To Locate It Within The Five Foot Side Yard Setback, And To Allow For Two Accessory Structures, Approved With Conditions All uses shall be subject to the following conditions and/or restrictions imposed by Resolution 09 -04 -18 of the City Council of the City of Oak Park Heights as follows: 1. The applicant shall provide a signed copy of the Encroachment Licensing Agreement from Northern States Power Company. All provisions of the agreement shall be complied with by the applicant/property owner. 2. The applicant/property owner shall not make additions to the structure. 3. If the structure is destroyed by more than 50 percent of its value, it shall not be repaired or replaced unless brought into conformance with the Zoning Ordinance. 4. Upon sale of the property, the conditional use permit shall be reviewed and considered for continuation by the City Council. 5. If Northern States Power withdraws the Encroachment Licensing Agreement, the conditional use permit shall expire and the structure shall be brought into conformance with the Zoning Ordinance. III. Reference Attachment: The reports of the City Planner dated April 1, 2009 and site plan approved by the City Council are annexed hereto by reference as Exhibit A. IV. Abandonment: This permit requires continuous use in order to preserve the Conditional Use granted by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit. V. Annual review: Annual review is not imposed as a condition of this permit Date: IN WITNESS WHEREOF, the parties have set forth their hands and seals. roc ohnson C' Administrator / as P. Corblick EXHIBIT "A" PLANNERS REPORT AND SITE PLANS TO: FROM: DATE: RE: BACKGROUND Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: ENCLOSURE 2 NORTHWEST ASSOCIATED CONSULTANTS, INC. NSINeWliariefafilliMAWIVRIEMISMUSWIENIONANWSINNIMI 4800 Olson Memorial Highway, Suite 202, Golden valley, MN 55422 Telephone: 783.231 .2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT FILE NO: 798.07 -- 09.01 Attached for reference: Eric Johnson Scott Richards April 1, 2009 Oak Park — Heights Doug Corblick, 1 5471 58 Street North -- Heights g Conditional Use Permit for Side Yard Setback; Building Location; and Two Accessory Structures Corblick of 15471 58 Street North originally requested a variance for a side yard Dou g .. . setback and building ocation and a conditional use permit for two accessory structures. 9 Mr. Corblick has constructed a playhouse/tool shed within the side yard setback area of his partially property is lot and artiall within owned by Northern States Power Company (Xcet Energy). Northern States Power Company has granted an Encroachment Licensing Agreement to Mr. Corblick to allow the playhouse /tool shed to remain on their property. The property is zoned R -1, Single Family Residential. As you are aware, the City Council approved amendments to Section 401.15.D, A y Y Accessory Buildings, Buildin s Uses and Equipment to allow flexibility through conditional use permit versus variance review. The changes that were approved eliminated the need for the variances requested by Mr. Corblick. The conditional use permit process, instead, shall be utilized to address the setback and building ing location issues. Therefore, ins .. . Corblick is now being considered for three conditional use permits to locate the Mr. 9 accessory g buildin within a side yard; to locate it within the five foot side yard setback requirement; and for two accessory structures. A new public hearing for the CUPs was advertised for the April 9, 2009 Planning Commission meeting. Aerial Photo of Site Site Plan Building Elevation Diagram Building Elevation Diagram September 22, 2008 Letter from XceI Energy Exhibit 6: Exhibit 7: ISSUES ANALYSIS Encroachment Licensing Agreement Photos of Site Project Description. The applicant has constructed the 14 foot -l0 inch by 11 foot by 10 inch two story accessory building within the side yard setback area and approximately five feet into property owned by Northern States Power Company. The structure has a four foot deck at the front of the structure, opposite the side that encroaches into the setback. The building is approximately 40 feet from the house. A detached garage is constructed adjacent to the home. Comprehensive Plan. The Comprehensive Plan Land Use Map designates this area for low density residential use. Single family homes and related accessory buildings are consistent with this land use type. Zoning. The property is zoned R -1, Single Family Residential District. Single family homes and related accessory buildings are listed permitted and accessory uses. Setbacks /Location. The Zoning Ordinance requires a five foot setback from side lot lines and eight feet from rear lot lines. The front yard for this lot faces Stagecoach Trail and the rear lot line is on the west side. The south lot line, where the structure encroaches, is a side lot line, thus requiring a five foot setback. The Zoning Ordinance also requires that accessory buildings shall be located only within the rear yard. The recent amendments to the Ordinance now allow for variation from the location and setback requirements by approval of a conditional use permit. Although not related to this request, the existing home is within the setback requirement of 30 feet adjacent to 58 Street and the garage is within the eight foot setback requirement of the west lot line. Accessory Building Requirements. The following requirements for accessory buildings are reviewed as follows: 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. The playhouse /tool shed is located in a side yard. A CUP is required to allow this structure in a side versus a rear yard. Review of the CUP criteria is found later in this report. 3. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in height and shall be five feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the same lot. Accessory buildings shall not be located within a utility and/or drainage 2 unless written approval is obtained from the easement holder. easement unle pp , , . 'din height may be increased an additional five (5) feet with Accessory building 0 y approval of the Building Official to match roof pitch or style of a principle g structure. The e setback and height requirements under this provision may be approval of a conditional use varied by appr0 permit as provided for in Section 401.03 p and Section 401 of this Ordinance. Accessory buildings may be closer than six (0) feet to other buildings or structures providing the requirements of the Building Code are met. The structure is located within the required side yard setback area. The structure is approximately tel 15 feet in height to the midpoint of the gabled roof and thus consistent with the height requirements. ry 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty -five ( Y percent of the area of the rear and except by approval of a conditional use p permit according to the provisions of Section 401.03 and Section 401.15.0.13 of this Ordinance. The rear yard q area is 3 600 square feet. The total area of the garage and the playhouse (If rel ocated to that area ) would be 540 square feet, thus occupying 15 percent of the rear lot area. 5. Number of Structures. No building permit ermit shall be issued for the construction of more than one ( ) private garage e or storage structure for each detached single 0 family dwelling, commercial, industrial, public or institutional building except by conditional use permit according to the provisions of Section approval of a p 401.03 and 401.15.0.13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two ( ) car garage, either attached or detached, can be located on said lot. Two accessary str uctures exist on the site - the garage and the playhouse /tool p shed. A conditional use permit is required to allow the second accessory structure. 6. Size. No acces so ry g 0 building for single family dwellings or combination of attached and detached hed accesso buildings shall exceed one thousand (1 ,000) square feet of fl oor area, except by conditional use permit as provided for in . exce p Y Section 401.03 and Section 401.15.D.13 of this Ordinance. The floor area of the two accessory buildings is 720 square feet. . , ' The same or similar quality ��. Compatibility. 1�h q Y exterior material shall be used in the accessory building and principal d in the rinci al building. All accessory buildings shall also be compatible with the principal building on the lot. The house and p layhouseltool shed are compatible in appearance. 3 Accessory Building Conditional Use Permit Criteria (Section 401.15.[].13). Application for a conditional use permit under this sub - section shall be regulated by Section 401.03 of this ordinance. Such a conditional use permit may be granted provided that: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. A la house /tool shed is a common accessory building for a single family p y residential use. b. 1 n the case of residential uses, no commercial or home occupation activities are conducted on the property. No commercial or home occupation activities are conducted on the property. c. The building has an evident reuse or function related to the principal use. The accessory structure's function as a playhouse and tool shed are related to the principal use of the property as a single family home. d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. The house and playhouse /tool shed are compatible in appearance. The la house /tool shed does not present a hazard to public health, safety, and playhouse/tool general welfare: although the structure was built five feet into property owned by Northern States Power Company (Xcel Energy), the company is willing to give an Encroachment License Agreement. e. The reductions of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this ordinance. The reduction of the required five foot side yard setback requirement is based upon part an error on the art of the homeowner and will not set a precedent that is contrary to the intent of this Ordinance. f. Existing property line drainage and utility easements are provided for and no building will occur upon this reserved space unless approved in writing by the easement holder. There are no easements involved in this case. However, the accessory structure is located on Y ro ert y owned by Northern States Power Company. The p p company has stated in writing that they are willing to give an Encroachment p y License Agreement. 4 g J The reduction will work toward the preservation of trees or unique physical features of the lot or area. There are no mature trees or unique physical features of the lot, such as topography that are affected by this request. h. If affectin g a north lot line, the reduction will not restrict sun access from the abutting lots. NIA 1. The buildin g height of an accessory building shall not exceed twenty -five (25) feet. The accessory structure is approximately 15 feet in height and thus consistent with the height requirement. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than thirty -five (35) percent of the rear yard. The rear Y and area is 3,600 square feet. The total area of the garage and the playhouse house (if relocated to that area) would be 540 square feet, thus occupying 15 percent of the rear lot area. k. The provisions of Section 401.03.A.8 of the Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. The City Council, the Planning Commission, and City staff shall have the authority to request additional information from the applicant. City Council & Planning Commission Considerations . for Conditional Use Permits (Section 401.03.A.7) The conditional use permit requests for two accessory structures; to locate the accessory structure within a side yard; and to locate it within a side yard setback shall be reviewed against the following criteria (Section 401.03.A.8). The City Council and Planning Commission shall consider possible adverse effects of the ro osed conditional uses. Their judgment shalt be based upon, but not limited to, p p the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. c. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. 5 f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The upon act u on existing public services and facilities including parks, schools, p streets, and utilities, and the City's service capacity. i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The requests for two accessory structures; to locate the accessory structure within a side y ard; and to locate it within the side yard setback requirement of five feet should not have a negative impact on the neighborhood, create a service capacity issue, or intensify the use of the property. CONCLUSION 1 RECOMMENDATION City staff recommends that the three conditional use permit requests to locate the accessory building within a side yard; to locate it within the five foot side yard setback requirement; and for two accessory structures be approved for the playhouse /tool shed located at 1 5471 58 Street North, with the following conditions: 1. The applicant shall provide a signed copy of the Encroachment Licensing Agreement from Northern States Power Company. All provisions of the agreement shall be complied with by the applicant/property owner. 2. The applicant/property owner shall not make additions to the structure. 3. If the structure is destroyed by more than 50 percent of its value, it shall not be repaired or replaced unless brought into conformance with the Zoning Ordinance. 6 EXHIBIT I 1 1 1 50 1 • g ti • f_ uj .5 • 99. • \: try • .� • 0 •1 • -, \,D EXHtT Mr M • M_ • M • IIMMEMIMIM II WINN IMMEMMEM III M MMIM M MN um MNIMINWAIMM MEOW EMMIAMMM Ir. IIMMOMMOMMIMEMM MEMMEMMINIMMMEMEMMIM e MMINIMMEMMOMM MINIEWIMMOMMEMMEMMIN II MMIIMMEMEMEMOMMUMMOMMIMMINIMEMMOMMEN IMMOMMINIMMOMMINIMMINIMMMEMMOMM MEMMOMMNIMINIMMUMMIMOMMINIMMEMOM MMEMINIMMEMEMMOMMOMMOWIMMEMMOMMEI MINNIMMEMOMMOMMEMMOMMUMMMIMMOMMUMM ORNMEMMINOMMOMMOMMIMMEMEMEMOMMEMOMM 111011=mmm"mmmmummomMEMEMMEMINIMMMEMIN MMOMMOIMIIIIIIIMOMMENEMOMMOMMIMMIM ' MOIMMINNIMOMMINsammaimPaMMOMMEMMINIMMEM - MOIMMENUM2MOMMINERMIRIMMEMMEMMEMOMM MMIAMMENNEMMEMEMM imMIMMELMEMMIMMIMM MMEMUMMEMMINIMMEMMIMMIMMKNOMMUMMIMM MMIIMMEIMMEMMEEmEmEMmmOMEMIUMMEMIMM mommullmammasimpumamsmsummumnimm MMINIMMOU 1 MIMMOMMOMMENOMEREMMEMINIONM MEMNIMMIONOMMIMMEMMIMMONNMEMEMMIMMINE MMUMMERIAMMUMMEMMUMMENZAMEMMIIMMENNEM MOMMIIMMOMMOMMEMOMMOMMMEMMINIM 'mmIMOMM MMENIMOMMIMMEMMIAMIMMMOONMNIMIIIMMOMMOM MEMMMEMOMMENIMMEWNIMMOMMEMOMMEMEEMM 4111§ au.saaa.auuuuuuaa.S.ISuIIaU ar 1 i 11=11111111 MN IUMM.MMMO II MR MIMMOWN=pmwOMINMEOM NOMMINI II mum 11 MMINIMMERMaimpFMMONEMM MEMMINIMMUMMEM M Mminglifilmmw7+MAMMWMFA MEMMOMMEMMEIMMEMIEMErimmimmAIMMILNIMMA * 1111 191111111Miliallnagra 11, MUM III I: I II aummm..mgmmrmmmmwi, -14 ME MI ROM mummem.mmemm.smilam - TAN mom pm ammo 10.201001 MOM MUM REM III MEM ROM MJIIEUUMILMAM Mil M II I ME MN Opmmorp011101111 NM MEM MI MMOMMIINCOMMOMMON - - -- ...miumimallEMMEM MOMMOMMEM WM 1111 IMM MOM an ill MININME IMMO INEEMMEEMOMMOUreamiuMNIMM MII MROMMMEMMIMENROMMEMMEMMENUMMEIMMEMOM MIMOINOMM MEIMUMEMNIMMEMMUUMMETIMMIN EMMONNEDEMMEMEMMEEMMIMMEMMUIAMNIMOMOMM IMMOMMENMEMEMMENEUMUMMOMMMUUMMEWIMEMEM mummemogimminummummarmummummumws MMOMMEMENNOMMOMMEEMOOMMOMMIONNIMARMIN ri- MOM INNIIIMOMME ; Mt rZniMal !Li KNIV11111 dahMEMEM=2: IINE UMMINNEwmEEE NNW= II MI ItTARFAIII MN qummutimilimmimmilmemum mummumWitimmumm VIIMMpummogormirEMMEMOMMONIMMUMNEWAMMO 4MMOMIRm --IMENWIMMINIMM MOMMIMBUMOM 1111111110 mosimmmiararmulemnim umwrimmommmimmegemorm mmammermal 1 a ui.mu R WIEMMINIMMEMMUMWERNMEMMOMM OM= ! M MINNIMMOMMEMMEMMEMEMONOMMEM MEMINIMME MMEPIEWOMEIMMEMEMINIMM IMMM NM EMMEN Mop m Sam' IIMMWOMMIN I I 1110 11 Illmm II WOOMPRIENAIMMEM M • • 1 II _,_ 1 MUM EOM • UM 111 MOM IMMO MO INIMEMOMEN II MINIMMOMMUMMOMM MMINNIMMEMEMEMEOMM MMORMIMMINIMMUMEMMEMMUMMEMOMMOMMEM NEMMOMMIMMOMMEIMMEMMOMMINERRIMMOMON MMEMMINIMMEMINIMEMMOMMMOMMEENIMMOMMME MOMMINIMMEMOMMINIMMEMMIMENIMMUMMI MINIMMINIMMEOMMUMMUMMEMMEMMENEMMEMEMM IMMEMOMMEIMMINIMMOOMMEIMMEDMINIMMIM MEMMIMMIMMEMMOMMEMMOMMEIMMELMMEMEN MMEMMINIMMEMMMOMMIMMEMEMBEIERMINMEMM MMEMMEMEMEMMEMOMMINIMMEMMOREMMINIMMUM MEMMMEMIMEMMEMEMMEMMENNOMEMBEMMEMMEM MINIMSMOMMEMMMOMMOMMEMOMEMBEEMMMOMME immensommommmemmummOnommummumm MMMEMEMMONWEEMMEMEMEMMEMMAMMEMMOMMM MINIMMERWALWAMMPMMOMMEMENEOMMINIMMOMM IIIMMENEWHiggggIMENEERAMEAMMINIMMEMMIN MOMEMEMMEMEMEMENIMMENUMMEMEMMEMMEMIMM MMORNMEMMUMMMUMMOMMEMBIUNNEMMEMINIMMEMM MINIMEMMPIW4 MONISMANNIMMOMMOMMMEAMEMEMMOMMEMOMMINI OMMEEMMSEENERRGEEMEMMMMOMEMMEOMMOMMINIM WOMMINWhimmimmmAIMMEMEROMMMEMEMMEMOMMINI MMERNMWMWEIMMEMMEMENWOMMIMMMEMEMEMMEM BUMMUUMMEMEMMINEEMEEEMEMMEMMMIMMOMMOMMM AMMEMEM=======.11MMOMMEMMINMEMMIN MMOMMIMMEMEMEMUNIMMENUENIMMIMMINIMMIMM WIMMIIMEMAMMMOMUMMAVNAMMOMMINIMMINIMMEMM WIMMENEHMOMMMEMMOMMEMWMOMMOMMAIMMEMEM IIMMININEMINEMMEMMUMMNIMMMEMMINIMMINMIIMME . 1111111MMIMMERMNIIMMENUMMINIMMEMMEMMINIMMIIM iSIUIU1Ull w MEIMMMOMMEMIUMMINIMUUMMEMMMOMMOMMIMMEM immil mommilmommommommimmommillimm U N I UIUIIII1 U UUU I UIIIUI IU IIIUIUI1IUIUIU MINIMMENNONNEMMUMMEMMUMMOMMINMEMOMMINI MOMMUMMINIMUMMINIMMOMMIMMIMMEMINIMMINIMM INIMMEMImmummummumuMMUMMWENNIMMEMMINI MIMMIWa====1UNEEEENMOMMIIMIMMINOMMEMM MMINIMMIMMEMIMMIMMUMMEMAIMMEMMINIMMINI MINIMMOImmummillailiUMMUMMEMINIMMOMMEN MNIMMEW=========MEMMEWOMMIONMEMON morimminnTnnrrommumnimmmeOmmummilm MINIMMINSURUMMOOMMEMMINIMMEKMEMMEMOMM MINIMMEM*MMENNWRIGITIWZGOIMIRMEWIMMEMINN mmilms====== MMINIMMARENNEWRWAMMEMUMMINEMEMMEMIMMOM INIMMINMEMMMEMEMMEmEmmilMOMMIMMMEMMINIM MMEMMEMMEMMINEW OMMINMOmmommorimum immummammammismrammimummummimmumemm MOMINIMMEMMUMMINEMMINMEMOMMEMOMMMOMME IMMOMMEIMMINIMONMEMMUMMEMOMMONNIMMOMM MMOMMEMNIMMON MOMMUM 111 IMMINIMMEMEMIMM MOM= MMOMMO MEOW MEM INIMMOMMEM F 5 U � EXHIBIT s 4 ,Sep. 26. 2008 11: 12AM XcelEnergy 0 NORTHERN STATES POWER September 22, 2008 Doug Carbliok 15471 5 8 Str. N. Oak Park Heights, MN ENCROACIMENT REVIEW Project: Proposed Playhouse/Shed, 154715 St. N., Oak Park Heights, MN � Line 0801/0865 NE I/4 NW 1 /4, Sec. 3, T29, R20, Washington County File: 2008355 (1) (2) Building on Xcel Energy property. There shall be no permanent or temporary building allowed on Xcel Energy prape Page 1 of 2 Clearance to equipment and workers • clearance of 20 feet between the electrical conductor; For general anfo�at�on, a working ► ' line and any cranes or diggi equipment near the Xcel energy adjacent transmission l�n y . the physical proximity of workers must be maintained at A and a clearance of 20 feet to th i p y P �' o , In addition, any const�ructior� near the transmission line(s) shall comply with all .OS Clearances. Dear Doug; Our Transmission Engineers have reviewed the + ro ' osed Pia house/Shed at 15471 Se S. �ncroachrnent onto Xcel ` r MN encroachment request submitted Se 18, Zoo St�lxvYate , • :- .. air: property is not acceptable to Xcel Energy. SCOPE OF PROJECT" tion of a two story playhouse/shed with attached deck as s : This project consists of the construction p sketched on a property plan received � �� on 200 8 and as sk id by � on p p , drawing 1 of 2 dated August 27, September l 2008. ep � ► ► ► ' � and adjacent e� Y �� � Any existing building or structure on Xcel Energy property J : i. : y g � The proposed 1a houselshed will have n • �' se Oak Park Heights, MN shall be removed. xh ay p p p y „ - i ` '� �g� � impact on the operation of the Xcel Energy transmission . .1 lines, provided the but is constructed on p rivate property adjacent to Xcel Energy's property. EXHIBIT 5 .2() , 1 O II:URN' Page 2 of 2 9126/2008 It is the express condition of this consent that all other terms and conditions of that certain :04 rnent June 1964, and recorded as Docuxnent No. 2373 097 shall remain in full OK' and anted by Deed on Jun � �, � effect. Thank you for your courtesy and cooperation. Sincerely, O kAuzi-0,(300)A.-- , Bonnie Anderson Land Rights Agent Siting and Land Rights Dept. 612-330-6241 612-573-9227 (fax) bo nre.'.anderson s xceIener .corn co: Dave B erklund Will Pim Jim Butler (O8O1JO865NB347OO4, Str. 5) Receipt#: 91 599 AGR Return to: NORTHERN STATE$ POWER GO 414 N =C.LET MALI MKS Mil 65401 WITNESSETH $46.00 3726019 Certified Filed and/or recorded on: 2/18/2009 1:59 PM 3726019 Office of the County Recorder Property Records 8 Taxpayer Services Washington County, MN Kevin J Corhld Counly Recorder ENCROACHMENT LICENSE AGREEMENT a o f Ltegmlltr , THIS AGREEMENT, made this /5 2008, between NORTHERN . � , STATES POWER COMPANY, a Minnesota corporation doing business as Xcel Energy (hereinafter called 'NM"), and Douglas P. Corblick, (hereinafter called "Licensee"). WHEREAS Licensee is the owner of the following described property ( hereuner called "Qwaed Premises "): Lots 6 and 7, 1, Block f Oak Park, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. WHEREAS, NSP is the owner of the following described property (hereinafter called `NSP Property") : Lot 5; ; Block 1, O Park, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. WHEREAS, operates NSP owns, o erates and maintains on said NSP Property, an electric transmission line. WHEREAS Licensee has constructed a Playhouse /Shed structure that encroaches on the NSP Property. NOW, ORE, 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 described in paragraph � and t use, in the =nher hereinafter specified, the portion of the NSP Property hereunder. 2. The right .. of occupancy f encroachment and use granted herein shall be limited to that part of the p aforedescri`bedNSP Property described as follows: The north 3 feet of the east 14 feet aft west 80 feet of said Lot 5. The aforedescribed p ortion of the NSP Property is hereinafter called "Encroachment Area ". 3. The rights of encroachment and the rights and licenses herein granted shall be limited 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 innprovannents shall be made to the portion of the building that lies within the NSP Property. Licensee agrees, and it is an express condition upon which this right of encroachment is granted, that the structure 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 ppod.►tcts. stored for normal household and. yard rnaiu�.tenatwe, 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. . 5. Licensee agrees to assume all liability, and to indemnify and compensate NSP for any injury or damage to persons or properly, 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 ha iless 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 permits that may be required from municipal, state or federal authorities to construct and operate its building In the Encroachment Area. 7. As part of the consideration of this Agreement, Licensee expressly waives all right, claim or cause of action. which Licensee, its suceessers and assigns, may new er hereaft 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 in or upon any portion of the Encroachment Area or in or upon any portion of said building or any injury, illness or Mdverse health eflrects whatsoever caused or ogeasioned in any mataner by the presence, or operation of electric transmission lines and related facilities in and upon the NSP Proper. 8. If, for any reason, Licensee shall not keep and perform any and all of the covenants and agreements contained herein, and should Licensee fail to correct the condition violated within. thirty (3 0) 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 b e clainne d as to any provision of this . Agreement unless the same shall be endorsed hereon by NSP. 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 thercafler enforce any such term, covenant, agreement or condition, but the same shall continuo 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 c or registered mail return rveeipt requested, postage prepaid, to the party at its address set forth below. -. If to NSP, to: Xcel Energy Attn: Siting and Land Rig hts 414 Nieollet Mail, MP -8 Minneapolis, Minnesota 55401 If to Licensee, to: Douglas P. Corblick 15471 5 8 St. N. Stillwater, III 55082 12, This Agreement 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 unenforceable or invalid. �.G WrMSS WBEREOF, I\TSP and Licensee have caused this Agreement to be a ?ecuted as of t day and year :first above written. STATE OF :MINNESOTA ) ss . cQuNry OF H.ENNEPIN) . ,:.�. BONNIE J. ANDERSON Notary Pubtop MInna4ca My CammIssI n Explrst January 31, 2014 NORMERN STATES POWER COMPANY By Greg P, Cha Main, Director Portfolio Delivery & Integration Xcel Energy Services Inc. Authorized Agent for Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy . acknowledged before me this j Aof . The foregoing instrument was hi g 2009, by Greg P. Chamberlain, Director, Portfolio Delivery & Integration, Xcel. Energy S . rvices Inc., as Authorized APIA for Nortb States Power Company, a Minnesota coTparation, dlbla Xcel Energy on behalf of the corporation.. Page 3 of 4 JENNIFER, M. PINSKJ NOTARY PUBLIC MINNESOTA My Commissicn Wm Jan. 31, 2012 This instrument was drafted by: BAJDJF Northern States Power Company 414 Nicollet Mall MP -8 Minneapolis, Minnesota 55401 2008.355 Page 4 of 4 LICENSEE By Doig1. •'': Corbliolc STATE OF MINNESOTA ) ss. COUNTY OF (,Uh ►����n ) The foregoing instrument Was wknowlOgeci befoxg mw this IIy of -bet_ elvt laef 2008, by Douglas P. Corblick, , an unmarried person.