Encroachment Agreement Transmittal 3-13-07
CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
LETTER OF TRANSMITTAL
DATE
3/13/07
ATTENTION
Sue Nelson
RE:
Document Recordin
JOB NO.
2006-22
TO: Campbell Knutson, PA
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
WE ARE SENDING YOU
[81 Attached D Under separate cover via the following items:
o Shop drawings
D Copy of letter
o Prints
D Change Order
o Plans 0 Samples 0 Specifications
D Pay Request D _
COPIES DATE NO. DESCRIPTION
1 10/3/06 06-22 Schwartz Encroachment Agreement (7376 Bent Bow Trail)
THESE ARE TRANSMITTED as checked below:
D For approval
D For your use
D As requested
D Approved as submitted
D Approved as noted
D Resubmit copies for approval
D Submit copies for distribution
D Returned for corrections
D Return corrected prints
D For review and comment [81 For Recording
D FOR BIDS DUE D PRINTS RETURNED AFTER LOAN TO US
REMARKS Sue - Please forward a fully executed copy to Thomas & Paula Schwartz at 7376 Bent Bow Trail,
Chanhassen, MN 55317.
COPY TO:
SIGNED:
If enclosures are not as noted, kindly notify us at once.
Thomas Paula Schwartz
1316 Bent Bow Trail
Chanhassen~ MN 5:>317
952-380-1155
February26, 2007
Mayor Thomas Furlong
City of Chanhassen
7700 Market Blvd
Chanhassen, MN 55317
Dear Thomas
Per our conversation enclosed is the Encroachment Agreement for the gazebo and patio
located at 7376 Bent Bow Trail, Chanhassen, Mn.
Thank you for your understanding and prompt attention to this situation. I ask that a
copy of the executed agreement forwarded for our files. Again, thank you for all the
efforts put forward in helping get this situation concluded.
//
Sincetely/ '
~//i07-
Thomas Schwartz
Enc.
Cc: file
Bcc:
(reservedfor recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this 3-
day of C2/0Le'~
, 2006, by and
between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"); and
THOMAS G. SCHWARTZ and PAULA L. SCHWARTZ, husband and wife ("Schwartz").
1. BACKGROUND. Schwartz is the fee owner of Lot 6~ Block 3~ THE
MEADOWS AT LONGACRES 4TH ADDITION located in the City of Chanhassen, County of
Carver, State of Minnesota, having a street address of 7376 Bent Bow Trail ("subject
property"). The City owns easements for tree conservation, drainage and utility purposes
over portions of the subject property. Schwartz has constructed a gazebo and patio
structure on the subject property which encroach into the City's easement areas.
_ 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment of the existing gazebo and patio structure in its easement areas subject to
the conditions set forth in this Agreement. The existing gazebo and patio structure may
not be altered in any way, and no other structures are permitted to be built on the subject
property without prior approval of the City.
127253vOI
SRN:09/l1/2006
1
(Abstract Property)
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easements, Schwartz, their successors, heirs, and assigns, hereby
agree to indemnify and hold the City harmless from any damage caused to the subject
property, including the gazebo and patio structure on the subject property, caused in whole
or in part by the encroachment into the City's easement areas.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the then owner of the subject property thirty
(30) days advance written notice. The property owner shall remove the encroachments
upon the effective date of the termination of this Agreement. If the owner fails to do so the
City may remove the encroachments.
5. RECORDING. This Agreement shall be recorded against the title to the
subject property and shall be binding upon Schwartz, their heirs, assigns, and successors
in interest.
BY:
(SEAL)
127253vOI
SRN:09/11l2006
2
(Abstract Property)
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this ~ day of
, 2006, by Thomas A. Furlong and by Todd Gerhardt, respectively
the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and ursua to the authority granted by its City
Council.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
husband and wife.
The foregoing instrument was acknowledged before me this day of
, 2006, by THOMAS G. SCHWARTZ and PAULA L. SCHWARTZ,
Wl.WI.~'19 .
MELISSA JOY VOYLES
NOTARY FU6UC.MINNESCiA
~Ul
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SRN/ms
127253vOl
SRN :09/1112006
3
(Abstract Property)
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
I\r\ Th'l foregoing instrument was acknowledged before me this f2-\'>' day of
~Cc..n:l~ ,2007, by Thomas A. Furlong and by Todd Gerhardt, respectively
the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SRN/ms
',~ KIM T. MEUWISSEN I
-.... Notary Public-Minnesota
.."~ My Commission Expires Jan 31.2010
127253vOl
SRN:091l1l2006
4
(Abstract Property)
REceIVED
MAR 1 2 2007
C\TY OF CHANHASSEN
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TlOmas- Paula Schwartz
7376 Bent Bow Trail
Chanhassen, MN 55317
952-380-1155
u. S. POSTAGE
PAID
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MAR 08. '07
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