Encroachment Agreement(romwd forrewrdfng Aformatlon)
AGREEMENT made this _ day of 2014, by and between the
PITY OF CHANHASSEN, a Minnesota municipal corporation � -City" ), and NHH
CHANHASSEN PARTNERS LLC, a Minnesota limited liability company, C'NHH" or
"Owner").
1. BACKGROUND. NHH is the fee owner of certain real property located in the City
of Chanhassen, County of Carver, State of Minnesota, legally described as follows:
Parcel ID No. 25.0132000
That part of the Northwest Quarter ofthe Northeast Quarter of Section Thirteen,
Township One Hundred Sixteen North, Range Twenty -three West, of the Fifth
Principal Meridian, Carver County, State ofNhMesota, more particularly described
as follows:
Commencing at the Northwest comer of the Northwest Quarter of the Northeast
Quarter; thence South 00 degrees 25 minutes 29 seconds East 722.7 feet along the
Westerly line of said Quarter, thence North 89 degrees 34 minutes 31 seconds East
60.66 feet along a line perpendicular to the Westerly line of said Quarter to Point
B35, as shown on Minnesota Department of Transportation Right of Way Plat No.
104, and the point of beginning, thence continuing North 89 degrees 34 minutes 31
seconds Bast 335.35 feet along a line perpendicular to the Westerly line of said
Quarter; thence South 74 degrees 04 minutes 29 seconds East 62.66 feet to a point
on the Northerly right of way line of State Trunk Highway No. 5; thence South 59
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degrees 02 minutes 31 seconds West 354.52 feet along the Northerly right of way
line of State Trunk Highway No. 5 to Point B3, as shown on Minnesota Department
of Transportation Right of Way Plat No. 10-4; thence South along the Northerly
line of Parcel 209B of Minnesota Department of Transportation right of Way Plat
No. 10 -4 to Point B2, as shown on Minnesota Department of Transportation Right
of Way Plat No. 10-4; thence North 59 degrees 25 minutes 32 seconds West 65.53
feet to Point BI, as shown on Minnesota Department of Transportation right of Way
Plat No. 10-4; thence Northerly along the Easterly line ofParce1209B of Minnesota
Department of Transportation Right of Way Plat No. 10 -4 to the point of beginning.
(Abstract Properly)
having a street address of 7905 Great Plains Boulevard, Chanhassen, Minnesota ("Subject
PrOPWI• The City owns easements for drainage and utility purposes over portions of the Subject
Property NHH wants to construct a sidewalk, parking lots and a retaining wall on the Subject
Property which will encroach on the City's easement areas as depicted on the attached survey
sketch
2. ENCROACHMENT ALITHORLZATION. The City hereby approves the
encroachment in its easement areas on the Subject Property for the construction the sidewalk,
parking lots and retaining wall upon the condition that the City shall have no responsibility to
maintain the sidewalk, parking lots or retaining wall located within the City's easements.
3. HOLD HARMLESS AND INDEMNI'T'Y, In consideration ofbeing allowed to
encroach in the City's easement areas, NIHI for itself, its successors and assigns, hereby agrees to
indemnify and hold the City hamrless from any damage caused to the Subject Property, inehAng
the sidewalk, parking lots and retaining wall in the City's easement areas, caused in whole or in part
by the encroachment into the City s easement areas,
4. TERMINATION OR AGREEMENT. The City may, at its sole discretion,
tem»nate this Agreement at any time by giving the thou owner ofthe Subject Property thirty (30)
days advance written notice, except that no notice period will be required in the case of an
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emergency condition as determined solely by the City and the Agreement may then be
terminated immediately. The property owner shall remove that portion of the sidewalk, parking
lots and retaining wall to the extent they impact the easement area to the effective date of the
termination of this Agreement. If the owner fails to do so, the City may remove the sidewalk,
parking lots and retaining wail to the extent they impact the easement area and charge the cost of
removal back to the owner for reimbursement.
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject property.
[Remalbder of fte InwaYonally LO Blank]
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CITY OF CHANHASSEN
BY:
(SEAL.)
Wk F.
STATE OF MINNESOTA )
)as.
COUNTY OF CARVER )
Gerhardt,
n. The foregoing instrument was ackarowledged before me this /& day of
2014, by Thomas A. Furlong and by Todd Gerhardt, respectively the
or and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf
0 1e corporation and pursuant to the authority ted byit City Council.
N yPu is
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PROPERTY O R:
NHH Chanhasse
Adam Seraphine, Chief Manager
STATE OF MINNESOTA )
COUNTY OF
1� ,, ^ '
The foregoing instrument was acknowledged before me this day of VLrl /
2014, by Adam Seraphine, Chief Manager of NHH Chanhassen Partners LL�a Minnesota limited
liability company, on behalf of said company. „
iwl
JOAN POSE
ANtJonnwon E�iw,Iw�Y86�
DRAFTED BY.•
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651- 452 -5000
AMP /cjh
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CHANHASSEN GREAT PLAINS CENTER
NHIH CHANHASSEN PARTNERS, LLC