HomeMy WebLinkAbout2009-06-04 OPH Ltr to CA Forwarding Document for RecordingJune 4, 2009
CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No • P.O. Box 2007 • Oak Park Heig its, MN 55082-2007 • Phone: 651/439-4439 • Fax: 651/439-0574
Mr. Mark Vierling
Eckberg, Lammers, Briggs, Wolff & Vierling. P.L.L.P
1809 Northwestern Ave., Ste. 110
Stillwater, MN 55082
Re: Douglas Corblick: Conditional Use Permits (x3)
OPH DF 09-01.02 - NAC File 798.07-09.01
Dear Mr. Vierling:
Enclosed here th for filing with the Washington County Recorder's Office, please
find 9,,,00y of the above-referenced document. Notice of Certification has
be n atfac d.
J nso
/City Administrator
jah
/Enclosure
Tree City U.S.A.
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
with the original thereof on file at the offices of the City of Oak Park Heights, and that
the same is a full, true and complete copy of said document within the files of the City
of oak Park Heights.
WITNESS my hand and the seal of the City of oak Park Heig 1s, this 4th day of
NOTICE OF CERTIFICATION
1, the undersigned being duly qualified and acting as City Administrator for the
City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that 1 have compared the
attached document:
June, 2009.
Conditional Use Permits (x3)
For Douglas P. Corblick
To Locate an Accessory Building Within a Side Yard,
To Locate it Within the 5 -Foot Side -yard Setback,
& to Allow for Two Accessory Structures at 15471 58th St. N.
f. }
,E(ip'
Jghnson
city/Administrator
'
1
CITY OF OAK PARK HEIGHTS
CONDITIONAL 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: Rtll, Single Family Residential District
Permitted uses set forth in Ordinance 401 Section 401.15.D
I. COIVDI7C'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.
N. 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.
Vo Annual review: Annual review is not imposed as a condition of this permit
Date:
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date: C
as P. Corblick
By •
tic ohnson
Ci Administrator
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, NC.
PLANNING REPORT
FILE NO: 798.07 — 09.01
Attached for reference:
Aerial Photo of Site
Site Plan
Building Elevation Diagram
Building Elevation Diagram
September 22, 2008 Letter from Xcel Energy
4800 Olsen Memorial Highway, suite 202, Golden valley, MN 55422
Telephone: 78.3231 .2555 Facsimile: 763.231 .2561 planners@nacplanning.com
Eric Johnson
Scott Richards
April 1, 2009
Oak Park Heights hts — Doug Corblick, 1 5471 58 Street North
g g
Conditional Use Permit for Side Yard Setback; Building
Location; and Two Accessory Structures
Doug u Corblick of 15471 58 Street North originally requested a variance for a side yard
setback and building location and a conditional use permit for two accessory structures.
Mr playhouse/tool has constructed a layhouse /tool shed within the side yard setback area of
lot and partially within property owned by Northern States Power Company (Xcel
his p y p p y
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.
you are aware, the City Council approved amendments to Section 401.15.D,
As y Y
A ccesso ry Buildings, 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 location issues. Therefore,
Mr. Corblick orblick is now being considered for three conditional use permits to locate the
access o ry building 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.
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 (5) 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
approval is obtained from the easement holder.
easement unless written pp
Accessory building heigh t ma y be increased an additional five (5) feet with
approval of the Building
Official to match roof pitch or style of a principle
structure. The setback height requirements and hei ht uirements under this provision may be
conditional use
varied by approval of a c permit as provided for in Section 401.03 p
and Section 401.15.D.13 3 of this ordinance. Accessory buildings may be closer
g
than six (6) feet to other
buildings or structures providing the requirements of the
Building Code are met.
` in the required side
The structure is located with and setback area. The structure � Y
is approximately tely 1 5 feet et in height to the midpoint of the gabled roof and thus
consistent with the height requirements.
accessory building or detached garage or co
4. Lot Coverage., No ry g combination
' residential district shall occupy more than twenty -five (25)
thereof within a res�den . ,
area of the rear and except by approval of a conditional use
percent of the are � p
permit according to
the provisions of Section 401.03 and Section 401.15.D.13 of
this Ordinance.
3,600 square feet. The total area of the garage and the
The rear yard area is 3, q �
playhouse (!frelocated to that area) .
would be 540 square feet, thus occupying 15
percent of the rear lot area.
' permit shall be issued for the construction 5, Number of Structures. No building on of p ,
private garage or storage structure. for each detached single
more than one (1) prey g g 0 , .
` rcia! industrial, public or institutional building except by
family dwelling, commercial, p
approval of a conditional ermit according to the provisions of Section
use p
401.03 and 401.15.D.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.
' - the garage and the la
Two accessory structures exist on the site th house tool g g p Y
shed. A conditional p
itional use permit is required to allow the second accessory
structure.
building for sin
6. Size. No accessory bu g single family dwellings or combination of g
Gesso buildings attached and detached accessory s shall exceed one thousand (1,000) g
square feet of floor 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.
. , . or similar quality exterior material shall be used in the
11. Com atib�l�t . The same q Y .
the principal building. All accessory buildings shall
accessory building and in th p p g
also be compatible with the principal building on the lot.
The house and la house /tool shed are compatible in appearance.
p Y
3
Accessory Building Conditional Use Permit Criteria (Section 401.15.1.13).
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 playhouse /tool shed is a common accessory building for a single family
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 re -use 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
( ■ ■j/ to public health, safety, and �/��la houseltool shed does not present a hazard t
I Y into welfare: although the structure was built five feet nto property owned
by Northern States Power Company (XceI 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
part on an error on the art of the homeowner and will not set a precedent that is
p
contrary to the intent of this Ordinance.
f. Existing property line drainage and utility easements are provided for and no
buildin g 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 by
company has stated in writing that they are willing to give an Encroachment
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
The height buildin hei ht 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 s 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 and area is 3,600 square feet. The total area of the garage and the
y
playhouse (ifrelocated la house to that area) would be 540 square feet, thus occupying
15
percent of the rear lot area.
k. The provisions of Section 40.03 .A.8 of the Ordinance shall be considered and a
�s�
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 Planning Council & Plannin Commission Considerations for Conditional Use Permits
(Section 4O'1.03.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).
City Council and Planning Commission shall consider possible adverse effects of
The C y g
th e proposed conditional uses. Their judgment shall be based upon, but not limited to,
P
the following factors:
p specific Relationship to the s ecific 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 impact upon existing public services and facilities including parks, schools,
streets, and utilities, and the City's service capacity.
i. The proposed use's conformity with all performance standards contained herein
(Le., parking, loading, noise, etc.).
The requests for two accessory structures; to locate the accessory structure within a
side yard; 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
y side 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 15471 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
•t
EXHIBIT 1
1
1
1
1
1
1
ti
r■
EXHIBIT
111.0111111111 1.1111 MI
111111 111 I I 'IL
•MEMOMMOMEMMUM NM II MMOMMONOMMOM
M IM "" •
MMEMMINIMMOMMOM MEM MMIMMOMMINEMEMMEM
MINIMMEMEMMMOMMIMMONNIMMOMMOMMIIMM
MMOMMINNIMMINIMMOMMEMMOMM•MMEMMEMM
MMOMMOMMEMEIMMONOMMMOMMMENIMMMEM
MIIMMEMMOMMOMMIMMENNIMMOMMUMMUMMEM
MEMMOMMEMIMMEMMEMMIMMOMUMMINIMMOMMI
mulimmammumprimmummaimminimmomma
immummimmummmmimmummasomummommumm
mormitaliiiiiMiiimmommismarimimm
MMEMINNEMINEMmummuitaMMOMMIMMMOMMEM
IIMMIMMUMMOMMINIMMINOMMIMMEMMUMMUMMO
MMNWMUMENIMMMMENNUMMOMMEMEMMOMMMOM
ME I MEMEMMENEEMMEmommOMMEMBROMM I IMMO
WIMMEMMEMMINIMMOMMIMMEMMENOMMIMMOMM
MMINIMMONOMMINIMMIME
MMINIMIN MIA W
GIIMIMMMIOMMENSEMMEMOMMINI
1111111111.11111 I 11111111111111111111111111111MplEHMEMEMIN
ammammompimmommammusummunimmumumm
immummismimmummummmummummemm
MNINIMMINIMMI MMOMMOMMMUMSWINIMMI ma=
MINEMITIMMINI MMEMONNIMMOONMINIMMINIAMOMME
O EMIRMEMENIMMEMM IMMINIOMMIMMEMEMENIMM
IMMIIIIMMEMMENIMI .imilimmwm
taammuirmaran maammommmauralMosim
Ir ma, IF m milmammumummtmemmismam
mom= • m • mommommumwmege=miammtim
vommurru AI R lommummelabummem
MUM= IMMmawMaMMEENWN
II MOM MIMI MEM MISAMMMUMMOMMOUMM
IMAM III 111.11 iollionsurmonamm
I
411 110 II mom mm1110101
I
11 I Kr mmemmmmm.....molum
a 11. 111 I • 1111 11111E11
ll II. I II MINI milmmEMiNgilikmAMMEIM
=man Amiammukommimmum
M imommummimmanomm anmaimmrsa
MM. MINWEINEMIMMINEMINEM
MEIMOOKOMMONOWNEMMIMMINIMMMUCENMMEM
EMMININCRE IIMMEMMENIMMEMMEMMUMANOIMUMOMM
- .. INIMEEMEMENME 1.111111 NM•
PIM MOWN
11111 9r511PERMLIMMIlrill
iligkpla2611.22MITOMEUMM INK
111111aanandrinl 1111
ELME NM
111011111.111ERM
I ININI 1111111011111
RATA 1111111111111
11 -2 11 PRIAMMINE
111111■11g aim
Witimmeam - ON
uummilimmummormummommuniffilimumma
4MMI"----immummiiALKOMEMMONMEMOMPAIMBUMMM
hummonnammumwmrsminimprommimmnimm
mommtommo
rmmummernimmil mommatimmil
MMI
mom inutiviamemonaimmam mum ommis
law" -usium.ri sommaisimm Nimes
1 TIMMOnammumminsmimmummism mom"
R WOMMIMMIMMMEMMOMMENIMEM =
MMOMMMOMMEMMOMMSNOMMINNOMM
MEMMEMME
IMMTVIIIMMEIMMUMERRION IM I MMM MI II OM
NMI
IMMIlm mum IIMMWOMMI N
MISOMMINE.MMEMM II •
1 11.111111.11 Im 11111111111
MINIMINIMIMMEOMM MMO MN I MI MI MIME
MINNIMMINIMMINIMMEMEMEMMOMMEMMIMMINIM
MUMMOMMIIMMOMMEMINIMMOMMIERNIMMIMMEM
MEMMOMMOMMUMMUMMEMMOMMORMIROMMINIMM
ONMEMMINIMEMOMMEMMINIMMIMMESEMMEMMOM
MMOMMUMMEMOMMINIMMUMMEMMENEMMEMEMM
MINIMEMMUMMEMMIMMMOMMEMEMMEDIMEMMI
MMOMMINIMMOMMOMMEMMIMMEMMEMENIMIMMIN
MINIMMEMMOMMUMMEMIMMOMMINEERMEMNIMM
OMMOMMINIMMEMEMOMMIMEMMEREMMMINIMMOM
MMOMMIAMMMEMEMMEMEMMERMOMEMBEMMINIMMM
MEMMIWTIMMAMMERmsommaNUMMIEMEMMUMEM
IMINIMMEM=ECOMIEI inniummumumma
immommasswemmemmommmummommumm
MMOMMIRWAIMEMEMMOMMUMMMEMEMINIMEMIM
MINIMMUMUmmk-gmaigNEMPARAMEMEMMEMEMEMEM
IIMMEEMMENNEENIMEmm"MMENIMMEMMEIMIMM
111101E11111111111111111MINEMPRIM inbffelummummuml
mmimmummilimAmmommummimmummammummmul
WINESMIbmiumpaNOMammumnOMMEMMIIMMOMMUMMUM
I limmeinganommomminemmommmilmmumm
- Nommmemsommimmairay warwasmasimummormdmommmo
runavaiiiineldilastimmumummommo
MOMMNIMIRMLNUMMOMMWMEMOOMM ammilmmum
lummmammummaimummmummommummommummum
nommummummmmummummummummirmammi
'4 maiminnumniiiihnimmimmommisariarmaim
mommummommummummimmumminnomomm
mimmommummummirminummilimmmum
MUMMOMMMOMEMMEMMMEMEMEWINEMM INNEME
MINMEMMEMMEMEMMEMMEINIMMMEMOMMOM
MMEMMIMMOMMIIMOMMOMMIMMIMMOMMMEMMEMNIM
MINIMMOMEMMEMMEMEMMEMMUMEMENNIMMEMOMM
IIMMOMMENIMUMMONEMMOMMINEMMUMMEMIMMEM
MMEINIMMEmmummummommaMMEMMENOMMIMMEM
MOMMEIFIENNEEPAIMMERM AMMOMMOMM
MINNIMMILMMEill
1111111111111timmum tommomm meammumm
mommumummomm
immuntamimumitidi UMM1117110MMIMMINI
UMMONEINAMMEMOMMIM
MINIMEMB:mmuma
mommadipilksammimminsummemmummir
MMEMMLASCAMMMMUMMEMMEHMURNEWEIMMIMM M
MINIMMEMINT:
1111111111111111 INETIMEitinflERINSIIMENNINIMINI
11111111111E11 IRE.B.--
10.11111111M-7
monommiliiMMik Mmammummommumummilm
MEMMINIMMEOREMENMMEMMIMMUNMEMOMMUMMEMEM
INIMMINIMEMMEMMEMENUMMEMEMMOMMOMMEMMINIMM
ONMINIMMEMMEMMIMMNIMMOMMONNEMMOMMOMMOMMO
MINNIMMONEMMON ROME= • MINIMMOIMMEMMEMMMO
1111111101 MIMI= MIMI =EMI IMMINIMMEM
0- EXHIBIT 4
Sep , 26, 2008 11:12AM
Xcel Energy
NORTHERN STATES POWER
September 22, 2008
Doug Carbliok
15471 58 Six. N.
Oak Park Heights, MN
ENCROACHMENT REVIEW
Project: Proposed Playhouse/Shed, 15471 58 St. N., Oak Park Heights, MN
Line 0801/0865
NEI14 NW1/4, Sec. 3, T29, no, Washington County
File: 2008.355
(1)
(
414141COLIXT Mi4thfM
MINNEAPOLIS• 5401
1%. VIP
Dear Doug.,
..-:: :.,r•
,.- -
Our Transmission Engineers have reviewed the ro osed Pia house/Shed at 15471 58 S.
Stillwater, MN encroaclunent request submitted September 18, 2008. Encioactunent onto Xcel tii. '
property is not acceptable to )(eel Energy .
,
SCOPE OF PROJECT.
This project consists of the construction of a two story playhouse/shed with attached deck as s on
drawing 1 of 2 dated August 27, 2008 and as sketched on a property plan received by Xcel En" on
September 16, 2008.
Building ou Xcel Energy proper*
There shall be no permanent or temporary building allowed on Xcel Energy property.
Any existing building or structure on Xcei Energy property and adjacent to 15471 58
Oak Park Heights, MN shall be removed. The proposed playhouse/shed will have flOT
impact on the operation of the XceI Energy transmission _lines, provided the bui1 is
constructed on private property adjacent to Xcel Energy's property.
Pap 1 of 2
Clearance to equipment and workers
For general information, a working clearance of 20 feet between the electrical conductoi
adjacent transmission line and any cranes or diggiq, equipment near the Xcel energy
and a clearance of 20 feet to the physical proximity of - workers must be maintained at
In addition, any constlintion near the transmission line(s) shall coniply with all .0g
Clearances.
k .ep� 2b, 1UUd 1 1 ; 1 OM
Page 2 of 2
9/26/2008
condition of this consent that all other terms and conditions of that certain 0;6mer�t
It is the express con �.:
and recorded as Document No. 2373097 shall remain in full f arc °and
granted by Deed on June 19, 1964, a�
effect.
.r
Thank you for your courtesy and cooperation.
Sincerely,
O kivutis , uaswk— ,
Bonnie Anderson
Land Rights Agent
Siting and Land Rights Dept.
612-330-6241
612-573-9227 (fax)
bonnie..anderson xcetener .com
cc: Dave Berkiund
Will Pim
Jim Butler
(O8O1JO865-N}I347OO-4 Str, 5)
Receipt#: 91 599
AGR
Return to:
NORTHERN STATES POWER CO
414 NICOLLET MALL
MPLS MN 65401
The afore described portion ortion of the NSP Property is hereinafter called "Encroachment Area ".
3726019
Certified Filed and/or recorded on:
2/18/2009 1 :59 PM
3726019
office or the County Recorder
Property Records & Taxpayer Services
Washington County, MN
Kevin J Cor bid, Count' Recorder
ENCROACHMENT LICItNSE AGREEMENT
this of � 200 8, between NORTHERN TICS AGREEMENT, made this f5h
STATES POWER COMPANY, a Minnesota corporation doing business as XceI Energy (hereinafter
er
called "NSP" ), and Douglas P. Corbliek, (hereinafter called "Licensee ").
SSETFI
Licensee is the owner of the following described property (hereinafter called "Owned
Premises"):
1, Lots 6 and 7,
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, Oak Par according to the plat thereof on file and of record in the office of the
Park
,:according
Recorder, Washington County, Minnesota.
WHEREAS, J� NSP owns, operates and maintains on said NSP Property, an electric transmission line.
WHEREAS,
Licensee has constructed a Playhouse /Shed structure that encroaches on the NSP
Property.
4RE for and in consideration of the covenants and agreements hereinafter
NOW,
contained to be kept and performed, NSP and Licensee agree that:
•
1 . N SP does hereby grant unto Licensee, its successors and assigns the right to encroach upon, occupy
. P $ described in paragraph 2
• p portion of the NSP ro
and to use, � the �� -inner hereinafter specified, the po p
hereunder.
2. The right of encroachment, occupancy an and use granted herein shall be limited to that part of the
�
cY
aforedescribed NSP Property described as follows:
The north 3 feet of - Ow e ast 14 feet of the west 80 feet of said Lot 5.
3. The rights of encroaciment 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 Eneroaclument 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 wift the N$P Pr 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 them 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
d►tels re ld and yar
pxo sto d for normal househo d �11a1ntenatice,
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 property, including NSP's property or employees, oeeas Toned 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, claim s, 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 attic consideration of this Agreement, Licensee expressly waives all right, claim or cause
of aetaon. which Licensee, its successors and assigns, tray now yr 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 in 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 occasioned in any manner by the presence, or
operation of electric transmission lines and related facilities in and upon the NSP Property.
8. It 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 (30) days after
receiving • written notice to do so from lsisP, 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 inn 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 clain3.ed 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 thereafter enforce any such telro0., 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 duty given or served if sent by first -
class certi ed or rcgi*ctP4 Ail, return rveeipt requested; postage prepaid, to the party at its address set
forth below.
If to NSP, to:
Xcel Energy
Attn: Siting and Land Rights
414 Nieollet Mall, 1P -8
Minneapolis, Minnesota 55401
If to Licensee, to: Douglas P. Corbliok
15471 58 St. N.
Stillwater, MN 5508
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.
IN wN S S WHEREOF, NSP and Licensee have caused this Agreement to be exect4tesi as 011ie
day and year first above written.
STATE 01? MINIk
) ss.
COUNTY of PENN!)
NORTBERN STATES POWER COMPANY
By
Greg P. ' am ' er1ain, Director
Portfolio Delivery & Integration
Xcel Energy Services Inc.
Authorized Agent for Northern States Power Company,
a Minnesota corporation, d l bl a )(eel Energy
The foregoing instrument was acknowledged before me this sill day of
2009, by Greg P. Chamberlain, Director, Portfolio Delivery & Integration, Xcel Energy S . rvices Inc,, as
Authorized APO for Northern States Power Company, a lnnesota corporation., dibla ?CPO Energy on
behalf of the corporation.
BONNIE J. ANDERSON
Notary Pub1I9
4 rieW14
My aommlitian Expires Jinuwy 31, 2014
Page 3 of 4
STATE OF MINNESOTA
COUNTY OF V)t�Sh qte)Y1
The fiNgqgPing Irzstmxn nt was agloww1.0gp.c1 bnfm in this
2008, by Douglas R Corblick, , an unmarried person.
V
JENNIFER. M. PINSXI
NOTARY PUB Lie tMNNESOTA
my Expo* Jan. 31, 2O#2
ti
This instrument was drafted by: BAJDJF
Northern States Power Company
414 Niconet Man MP-8
Minneapolis, Minnesota 55401
2008 355
) ss,
Page 4 of 4
LICENSEE
By
R Dougla .'. CorbliGlc
! Qf
tete,WilaCr