16. Encroachment Agreement - Application
CITY OF CHANHASSEN
ENCROACHMENT AGREEMENT APPLICATION FOR PRIVATE PROPERTY.
PROPERTY ADDRESS ___________________________________________________
LOT ___ BLOCK ___ PLAT NAME _________________________________________
PID# __________________________________
PLEASE PRINT
Name of Party or Organization Requesting Encroachment; list
address if different than above:
______________________________________________________
(Name)
______________________________________________________
_________________________________________________________________________________
(Address)
Contact person:_________________________________________
Phone:________________________________________________
Fax:__________________________________________________
Cell: _________________________________________________
E-Mail:_______________________________________________
List reason(s) for encroachment:
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
1. Type of Encroachment ________________________________________________________________
(Attach additional information when necessary, materials, Etc.)
2. Type of Surface(s) to be disturbed: _______________________________________________________
3. Dimensions of Encroachment ___________________________________________________________
(Show on site survey or sketch scaled drawing of location on property)
NOTE: Retaining walls over 4’ in height must be an engineered design with engineer’s signature approving design.
4. Method of Installation or Construction (including method of compaction and excavation)
Machine Excavation: Yes No
5. List erosion control methods to be used:___________________________________________________
Signed By Dated
The date when work is ready for inspection must be reported to the Engineering department.
952-227-1163
INFORMATION FOR APPLICATION
Upon payment of the application initiation fee in the amount of $100.00 a request will be made
to the City attorney to review and draft the appropriate type of encroachment agreement. When
this is completed by the attorney and sent back to the City the contact information provided by
the applicant will be used to notify applicant that the document is at City hall offices for
signatures. These signatures must be notarized and sent into the county for recording, the
applicant may choose to do these steps themselves but proof of recording must be provided to the
City before the City will release any final approvals, permits or funds being held. The fee
collected to start this process will cover all standard costs for notarizing and recording all
documents; any additional time (over 2 hours) may be billed at the then current published rates
for the City and Attorneys offices.
It is expressly understood that this permit is conditioned upon replacement or restoration of the
disturbed area to its prior condition in accordance with the appropriate rules and regulations for
the City of Chanhassen.
NOTE: This process could take approximately 3 weeks.
Sec. 20-908. Yard regulations.
(6) The placement of any structure within easements is prohibited, except for those structures
specified herein. Fences may be allowed within an easement with an encroachment agreement if
they do not alter the intended use of the easement. A driveway or sidewalk from the street to the
house crossing drainage and utility easements at the front of the property are exempt from this
requirement.
Sec. 20-1019. Location.
(a) Generally. All fences and retaining walls shall be located entirely upon the property of the
fence or retaining wall owner unless the owner of the adjoining property agrees, in writing that
said fence or retaining wall may be erected on the property line of the respective properties. Such
agreement shall be submitted at the time of building permit application. Encroachment into a city
easement shall require an encroachment agreement between the property owner and the city.
Fences shall not be placed within the public right-of-way.
SIGNATURE OF APPLICANT ___________________________
DATE ____________________
GUIDELINES
SAFETY
1. Excavations shall be properly protected and identified by barricades and flags in the daytime, and
flares or flashing signals at night, to protect persons and traffic at all times.
2. Barricades to be erected in a manner which will provide suitable visibility in all directions.
3. Excavations must be cribbed when necessary, depending upon type of soil, in order to prevent
cave-ins.
4. No guys or stays to be attached to trees on Right of Way.
5. Underground construction must be so constructed as not to harm or unnecessarily destroy the
root growth of any trees.
LIMITATIONS
1. No lugs shall be used on equipment traversing road which will damage the road surface.
2. Work site shall be cleaned up after work is completed.
3. No work shall be done which will create a nuisance.
4. Within 24 hours (Saturdays, Sundays and legal holidays excluded), the permit holder shall notify the
municipality issuing the permit and, when applicable, the County Engineer, that such work has been
completed and is ready for final inspection.
5. Within ten days after receipt of a copy of the permit application the City/County Engineer shall notify the
applicant of any objection the City/County may have to the application.
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _____ day of _____________, 200_, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and_____________
________ .
1. BACKGROUND. _____________________ is the fee owner of the property
located within the City of Chanhassen, County of Carver, State of Minnesota legally described on the
attached Exhibit “A” (the "subject property"). The City owns an easement for drainage and utility
purposes over part of the subject property. _______________ would like to construct
______________________ on the subject property which will encroach into the City's easement.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment on
its easement for the construction, use, and maintenance of the proposed ________________________.
3. MAINTENANCE. _________________ shall be responsible for all costs relating to
construction, reconstruction, maintenance, and repair, including snow or debris removal, with respect to
the easement area. This maintenance agreement is a personal obligation of ___________________
and shall be binding upon the executors, administrators, successors, heirs, and assigns of _________
_ .
4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach on
the City's easement, _______________________, their successors, heirs, and assigns, hereby agrees
to indemnify and hold the City harmless from all costs and expenses, claims and liability, including
attorney's fees, relating to or arising out of this grant of permission to encroach on the City's easement
for the construction, reconstruction, maintenance, use, operation, and the like of the _____________
__ .
5. TERMINATION. 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, except that no
notice period will be required in the case of an emergency condition as determined solely by the City and
the Agreement may then be terminated immediately. The property owner shall remove the
______________________ to the effective date of the termination of this Agreement. If the owner fails
to do so the City may remove the ______________________________ and charge the cost of removal
back to the property owner. This Agreement shall run with the land by the mutual consent and
agreement of both parties or their respective successors and assigns.
6. RECORDING. This Agreement shall be recorded against the title to the subject property
and shall be binding upon _________________________, his heirs, assigns, and successors in interest.
CITY OF CHANHASSEN
BY: ______________________________________,
Mayor
(SEAL)
AND _____________________________________,
City Manager/Clerk
_____________________________________
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _______ day of ______________,
200_ , by the Mayor and City Manager/Clerk of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
STATE OF MINNESOTA )
( ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _______ day of
____________________, 200_ , by ____________________, a ______________________________.
____________________________________
(SEAL) NOTARY PUBLIC
PROPERTY OWNER:_______________________________________________________________.
STATE OF MINNESOTA )
( ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this _______ day of
____________________, 200_ , by ____________________, a ______________________________.
____________________________________
(SEAL) NOTARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
EXHIBIT “A”
Legal Description/Survey of Subject Property