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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 175410 1 M4 L11-1 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 175410 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] 175410 (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 N Pulliic i 175410 4 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. )_l . tL CW PUBLIC JOAN FV0" t�Ymnou.; txm�+r�is.r�+N86�ms" DRAFTED BY.- CAMPBELL ENUTSON Professional Assoclation 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651 -452 -5000 AMP /cjh 175410 �I c ... F rs g�5 Raak g�8 &R'�� �� �E e' lel jig EE��gg a � agggg�" I; hi 11 1'A g ON 11i'l E a _ tog, pp g8�� J111 D 't� (�> n N CHANHASSEN GREAT PLAINS CENTER NHH CHANHASSEN PARTNERS, LLC i�il9