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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: 197542v2 1 • 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. 197542v2 2 r 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 197542v2 4 EXHIBIT "A" 197542v2 5 wSECONI D ADDITION J