Letter to Woods 9-13-04
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952,2271100
Fax 952.2271110
Building Inspections
Phone 952,227.1180
Fax 952.227.1190
Engineering
Phone 952.227.1160
Fax 952,227.1170
Finance
Phone 952.227.1140
Fax 952.227.1110
Park & Recreation
Phone 952.227.1120
Fax 952,2271110
Recreation Center
2310 Coulter Boulevard
Phone 952,227.1400
Fax 952,227.1404
Planning &
Natural Resources
Phone 952.2271130
Fax 952,227.1110
Public Works
1591 Park Road
Phone 952.227.1300
Fax 952.227.1310
Senior Center
Phone 952.227.1125
Fax 952.227.1110
Web Site
wwwci,chanhassen,mn,us
September 13, 2004
Matthew and Suzanne Woods
6745 Lakeway Drive
Chanhassen, MN 55317
RE: Boardwalk Encroachment Agreement
Dear Mr. and Mrs. Woods:
Enclosed you will find the encroachment agreement for the boardwalk at 6745
Lakeway Drive. Please complete the agreement by signing and dating the
agreement and returning it to the City. If you have any further questions on the
encroachment agreement feel free to call me at (952) 227-1135.
Sincerely,
Lori Haak
Water Resources Coordinator
Enclosures
The City 01 Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautilul parks, A great place to live, work, and play,
ENCROACHMENT AGREEMENT
AGREEMENT made this
day of
, 2004, by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and MATTHEW L.
WOODS and SUZANNE C. WOODS, husband and wife ("Landowners").
RECITALS
A. Landowners are the fee owners of Lot 5, Block 2, WHITETAIL COVE, Carver
County, Minnesota, with a street address of 6745 Lakeway Drive ("subject property").
B. The City owns an easement for drainage and utility purposes over a portion of the
subject property. The Landowners are seeking permission from the City to encroach in the City's
easement area by constructing a private boardwalk to serve the subject property.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. The City hereby approves the encroachment into the City's easement area for the
purpose of constructing a private boardwalk to serve the subject property, except over existing
utilities.
2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's
easement rights.
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(Abstract Property)
3. The Landowners shall be responsible for all costs relating to construction,
reconstruction, maintenance, and repmr, including snow removal, with respect to the private
boardwalk. This maintenance agreement is a personal obligation of the Landowners and shall be
binding upon the heirs, executors, administrators, successors, and assigns of the Landowners.
4. The Landowners and their heirs and assigns and successors in interest do hereby
agree to defend, indemnify, and hold the City harmless from all costs and expenses, claims and
liability, including attorney's fees, relating to or arising out of the grant to the Landowners of
permission to encroach in the City's easement area for the construction, reconstruction,
maintenance, use, operation, and the like of the private boardwalk. The Landowners further agree
to indemnify and hold the City harmless from any damage caused to the subject property, including
the private boardwalk, caused in whole or part by the encroachment into the City's easement area.
5. The City may, at its sole discretion, terminate this Agreement at any time by giving
the then current owner of the subject property thirty (30) days advance written notice. The property
owner shall remove the private boardwalk by the effective date of the termination of this
Agreement. If the owner fails to do so the City may remove the private boardwalk and assess the
cost against the subject property.
6. This Agreement shall run with the land and shall be recorded against the title to the
subject property.
CITY OF CHANHASSEN
BY:
(SEAL)
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager
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(Abstract Property)
PROPERTY OWNER:
MATTHEW L. WOODS
SUZANNE C. WOODS
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
,2004, 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.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2004, by MATTHEW L. WOODS and SUZANNE C. WOODS,
husband and wife.
NOT ARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SRN:ms
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(Abstract Propcrty)