Encroachment Agreement Correction Letter 05-06-20160
CITY OF
CHANHASSEN
May 6, 2016
Park & Recreation
Phone: 952.227.1120 Sincerely,
Fax: 952.227.1110
Recreation Censer
(N�s w,vlitti
2310 Coulter Boulevard
Phone: 952.227.1400 Kim T. Meuwissen
Fax: 952.227.1404 Office Manager
Planning &
Jean Olson, Legal Assistant
7700 Market Boulevard
Campbell Knutson
PC Box 147
Chanhassen, MN 55317
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Public Warks
Eagan, MN 55121
Administration
Phone: 952.227.1100
gAp1an\2015 planning cases\2015-10 beehive expansioMencmachment agreement correction letter 05-06.2016.doc
Fax: 952.227.1110
Re: Rejected Encroachment Agreement
BeeHive Homes Expansion — Planning Case 2015-10
Building Inspections
Phone: 952.227.1180
Dear Jean:
Fax: 952.227.1190
Engineering
I am in receipt of your letter dated April 28, 2016 with the original unrecorded
Phone: 952.2271160
encroachment agreement with Stevens Investments, LLC, along with a copy of
Fax: 952.227.1170
Carver County's rejection notice referencing an incomplete notary stamp on the city's
signature page. I have re -stamped the notary image in its entirety and enclosed the
Finance
Encroachment Agreement for recording.
Phone: 952.227.1140
Fax: 952.227.1110
Thank you for bringing this to my attention.
Park & Recreation
Phone: 952.227.1120 Sincerely,
Fax: 952.227.1110
Recreation Censer
(N�s w,vlitti
2310 Coulter Boulevard
Phone: 952.227.1400 Kim T. Meuwissen
Fax: 952.227.1404 Office Manager
Planning &
Natural Resources
Enclosure
Phone: 952.227.1130
Fax: 952.227.1110
c: Steve Lenz, Engineering Tech III
Jean Steckling, Engineering Administrative Support Specialist
Public Warks
7901 Park Place
Phone: 952.227.1300
gAp1an\2015 planning cases\2015-10 beehive expansioMencmachment agreement correction letter 05-06.2016.doc
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Website
wwwoi.chan hassen.mn. us
Chanhassen is a Community for Life - Providing for Todayand Planning for Tomorrow
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CAMPBELL KNUTSON
roicssional Association
April 28, 2016
Ms. Kim Meuwissen
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Re: Rejected Encroachment Agreement
Dear Ms. Meuwissen:
+4pR
riff 0 3 2016
CITY OF CHANHASSEN
Please find enclosed the original unrecorded Encroachment Agreement with Stevens
Investments, LLC, along with a copy of the Carver County's rejection notice.
Carver County has rejected this document because the notary stamp does not indicate
the expiration date.
Once this has been corrected, please return the document to me for recording.
Thank you.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
i
i
Jean M O ega A t
Jmo
Enclosures
184750v2
Carver County
Recorder/Registrar of Titles
Government Center,.Administration Building
600 East Fourth Street
Chaska, Minnesota 55318
952-361-1930
Website: www.co.carver.mn.us
SEND SELF ADDRESSED/STAMPED LARGE MANILA ENVELOPE
RETURN THIS LETTER WITH DOCUMENT(S)
Date
Return of document (s) for Sk\ff-n , L11�%�SiI�YLti (S checked below.-
antors marital status required (MS507.02) Y—A m M eAAW ISSC-n
vNotaryacknowledgement isnot complete. (MS507.24) — Sic ^np UnC._wn Date County— County_ Signature_ Stamp_ Name_ Title_ Marital Status_ rn 1SS u�Cl 2?�IZLr
_ Reference Number is Incorrect (�
Document must contain drafted by statement, name/address (MS507.091)
_Tax Statement for the real property (include name and address of Grantee) (MS507.092)
_ Check the legal description for accuracy or transpositions. Exhibit(s) missing
Document is not recordable in Carver County (MS507.24)
Conservation Fee of $5.00 is missing
Incorrect State Deed Tax or MRT Tax
_Recording fee required for each document containing over 4 (Doc #'s) assignments,
partial releases or satisfactions. (MS357.18)
_Please send separate checks for Abstract and Torrens Documents
_Well Disclosure Certificate fee is $50.00 (Separate Check)
_We require checks made payable to Carver County
Other
Deputy Name --- / Deputy Phone Number gG2_�b' L-1 L� J
1A
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made thio�day of �, 2016, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and STEVENS
INVESTMENTS, LLC, a Minnesota limited liability company ("Stevens" or "Owner").
1. BACKGROUND. Stevens 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. 25.0940010
Lot 1, Block 1, Beehive Home 2nd Addition
(abstract property)
having a street address of 6330 Hazeltine Boulevard, Chanhassen, Minnesota 55317 ("Subject
Property"). The City owns easements for drainage and utility purposes over portions of the
Subject Property. Stevens desires to construct a fence on the Subject Property which encroaches
on the City's drainage and utility easement areas as depicted on the attached Exhibit "A".
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its easement areas on the Subject Property for the fence conditioned upon
removable fence panels in areas where the fence encroaches on existing utilities and/or
ti
186577vl
installation of gates having a clear span the width of the easement for City access to its easement
areas. Further conditions of encroachment approval are as follows:
• The fence must also allow water to pass under it so as not to impede overland water
flow during rain events.
• The fence must remain a minimum distance of five (5) feet from all drainage
structures.
• The fence posts shall be placed on the Subject Property but not attached to
neighboring fences and must not cross the property lines.
• Owner must maintain the fence located on the Subject Property.
• Owner is fully responsible and liable for any and all damage caused to the fence
because of it being constructed in the City's easement areas.
Further, Owner agrees that the fence shall be constructed consistent with all applicable
federal, state and local laws and regulations.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement areas, Owner, 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 fence and removal of fence panels and/or gates in the City's easement area, caused
in whole or in part by the encroachment into the City's easement areas.
4. TERMINATION OF AGREEMENT. The City may terminate this Agreement
at any time if it is reasonably necessary for the City to occupy the easement area for drainage or
utility purposes and the fence is inconsistent with the City' s use of the easement. Prior to
termination, the City will give 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 this agreement may then be terminated immediately. The
property owner shall remove that portion of the fence to the extent it impacts the easement area to
the effective date of the termination of this agreement. If the owner fails to do so, the City may
186577vl 2
remove the fence to the extent it impacts 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.
F`' -
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
CITY OF CHANHASSEN
By .�.
Denn Laufenburger, Mayo
And
Todd Gerhardt, City Manager
lti
The foregoing instrument was acknowledged before me this � day of
f i , 2016, by Denny Laufenburger 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.
��A 0
NoAry Public
a' �' KIM T. MEUWIS` ^
Notary Publkr WIS.c .
A,• ti1Y Commission Expire.
u
T.MEUWISSENSffFSF**KIM
Notary PSMY Cam.1 Expire Jen 31, 2020 t3
1865770
PROPERTY OWNER:
STEVENS INVESTMENTS, LLC
By
T�Ier Stevens, Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this L y of
, 2016, by Tyler Stevens, the Chief Manager of Stevens Investments,
C, a Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
#y"dwro�rnnnrwwv.
AROL M.DUNSMORE
Notary Public -Minnesota
Lxpirea Jan 31, 2020
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
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EXHIBIT "A"
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