13-23 Recorded Encroachment AgreementCAMPBELL KNUTSON
August 28, 2014
Mr. Steve Lenz
City of Chanhassen
7700 Market Boulevard
P. O. Box 147
Chanhassen, Minnesota 55317
Re: Encroachment Agreement
Dear Steve:
Enclosed herewith for your file is the original recorded Encroachment
Agreement between the City and NHH Chanhassen Partners LLC. Please note that
this Encroachment Agreement was recorded with the Carver County Recorder on
June 24, 2014, as Abstract Document No. A 595646.
If you have any questions regarding the above, please give me a call.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By:
Carole J. Hoe
cjh Legal Assistant
Enclosure
cc: Ms. Sharmeen Al -Jaff
1773800
Document No. OFFICE OF T. iE
595646 COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Receipt #
Certified Recorded on June 24, 2014 1:09 PM
Fee: $46.00
595646
Mark II I I III IIII II I II III Lundgren
County Recorder
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this —VLf` day of –"SA N C. . 2014, by and between the
CITY 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 of the Northeast Quarter of Section Thirteen,
Township One Hundred Sixteen North, Range Twenty -three West, of the Fifth
Principal Meridian, Carver County, State of Minnesota, 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.
10 -4, and the point of beginning; thence continuing North 89 degrees 34 minutes 31
seconds East 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 133, 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. 104 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 Bl, as shown on Minnesota Department of Transportation right of Way
Plat No. 10-4; thence Northerly along the Easterly line ofParcel 209E of Minnesota
Department of Transportation Right of Way Plat No. 10 -4 to the point of beginning.
(Abstract Property)
having a street address of 7905 Great Plains Boulevard, Chanhassen, Minnesota ("Subject
Property"). 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 AUTHORIZATION. 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 AARMi ESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement areas, NHH for itself, its successors and assigns, hereby agrees to
indemnify and hold the City harmless from any damage caused to the Subject Property, including
the sidewalks, 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 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, 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 wall 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 ran with the land and shall be recorded
against the 'title to the Subject Property.
[Remainder of Page In teniionally Left Blank]
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(SEAL)
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
CITY OF CHANHASSEN
T s A. Furlong, Mayor
odd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this i � day of
2014, by Thomas A. Furlong and by Todd Gerhardt, respectively the
IAHor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf
o e corporation and pursuant to the authority gr ted bait City Council. 9
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PROPERTY
NHH Chanha
Adam Seraphine, Chief Manager
STATE OF MINNESOTA )
1
)as.
COUNTY OF
1�
The foregoing instrument was acknowledged before me this day of _< --Lb
2014, by Adam Seraphine, Chief Manager of NHH Chanhassen PartnersLLa Minnesota limited
liability company, on behalf of said company.
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DRAFTED BY.-
CAMPBELL ENUTSON
Professional Assoclation
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651 -452 -5000
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