Recorded -Encroachment AgreementDocument No. A662282
OFFICE OF THE COUNTY RECORDER
CARVER COUNTY, MINNESOTA
Recorded on -May 21, 2018 12:13 PM
Fee: $46.00
1111111111111111111
662282
(reserved for recording information)
ENCROACHMENT AGREEMENT
Kaaren Lewis
County Recorder
AGREEMENT made this V/1 day of 4A, , 2018, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and PULTE HOMES
OF MINNESOTA LLC, a Minnesota limited liability company ("Pulte Homes" or "Owner").
1. BACKGROUND. Pulte Homes is the fee owner of certain real property located
in the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows:
Outlot B. West Park Second Addition
(abstract property)
("Subject Property"). The City owns the adjacent right-of-way to the east of the Subject
Property upon which Pulte Homes desires to construct/install a private sidewalk that will connect
a private trail to a public trail which would encroach on the City's property as depicted on the
sketch attached hereto as Exhibit "A".
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its property for the installation/construction of the private sidewalk subject to
the conditions set forth in this Agreement. Further conditions of encroachment approval are:
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• The City shall have no responsibility to maintain the private sidewalk located within the
City's property.
• The private sidewalk shall not impact or increase water drainage or cause any adverse
drainage patterns or erosion to abutting properties.
• Pulte Homes shall construct the private sidewalk consistent with all applicable
federal, state and local laws and regulations.
• The owner of the Subject Property will own and maintain the private sidewalk.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's property, Pulte Homes, 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 private sidewalk on the City's property, caused in whole or in part by the
encroachment onto the City's property.
4. TERMINATION OF AGREEMENT. The City may terminate this Agreement
at any time if it is reasonably necessary for the City to occupy the City's property and the private
sidewalk is inconsistent with the City's use of its property. 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 private sidewalk to the extent it impacts the City's property to the effective date
of the termination of this Agreement. If the owner fails to do so, the City may remove the private
sidewalk to the extent it impacts the City's property 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.
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CITY OF CHANHASSEN
By jo.X4�
(SEAL) Denny aufen rger, Ma r
And
-4 tL -j3A—
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this �`N day of
MOJA , 2018, 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.
yi�
Notar bli
JENNIFER ANN POTTER
ti Notary Public -Minnesota
'fir'=aw My commlwlon Ex0f*6 Jan 31, 2020
MAMMA
197542v2
PROPERTY OWNER:
PULTE HOMES OF MINNESOTA LLC
By
Eri ad , resident of Land
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this H day of
r-�'f , 2018, by Eric Padget, the Vice -President of Land of Pulte Homes of
Minnesota LLC, a Minnesota limited liability company, on behalf of the entity.
A�__
Notary blic
JENNIFER LYNNE MUJWID•HERRMANN
Notary Public
Minnesota
My Commission Expires
Jan 31, 2021
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
806 Blue Gentian Road, #290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
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EXHIBIT "A"
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wSECONI D ADDITION
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