Encroachment Agreement (reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this 15 day of e- 020, by and between the
CITY OF CHANHASSEN,a Minnesota municipal corporation("City"),and LOEL B.BROWN
and MARY JANE BROWN,husband and wife("Browns"or"Owners").
1. BACKGROUND. Browns are the fee owners of certain real property located in
the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows:
That part of Lot 1, Block 1, CHAPARRAL, according to the recorded
plat thereof, Carver County, Minnesota, described as follows:
Commencing at the Northwest corner of said Lot 1; thence South 88
degrees 31 minutes 20 seconds East, assumed bearing along the North
line of said Lot 1, 153.00 feet to the point of beginning; thence
continuing South 88 degrees 31 minutes 20 seconds East, along said
North line 87.00 feet to the Northeast corner of said Lot 1;thence South
01 degree 19 minutes 45 seconds East, along the easterly line of said
Lot 1, to an easterly corner of said Lot 1; thence South 20 degrees 54
minutes 07 seconds West 78.98 feet; thence North 72 degrees 00
minutes 00 seconds West 41.00 feet; thence North 54 degrees 45
minutes 00 seconds West 40.00 feet; thence North 11 degrees 45
minutes 00 seconds East 65.00 feet;thence North 01 degree 28 minutes
40 seconds East 66.00 feet to the point of beginning.
And also all of Lot 1303,CARVER BEACH,according to the recorded
plat thereof, Carver County, Minnesota.
(torrens property)
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having a street address of 901 Carver Beach Road, Chanhassen, Minnesota 55317 ("Subject
Property"). The City owns easements for drainage and utility purposes("Easement Areas") over
portions of the Subject Property. Browns have already placed a fence on the Subject Property
which encroaches in the City's drainage and utility Easement Areas and Browns desire to keep the
fence were it is already installed on the Subject Property 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 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 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 and utility
structures.
• The fence posts shall be placed on the Subject Property but not attached to neighboring
fences and must not cross the property lines.
• Owners must maintain the fence located on the Subject Property.
• Owners are 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,Owners agree that the fence was 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, Owners, for themselves, their heirs and assigns, hereby
agree 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 Areas,caused
in whole or in part by the encroachment into the City's Easement Areas.
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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 Areas 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 owners 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 owners shall remove that portion of the fence to the extent it impacts the Easement Areas
to the effective date of the termination of this Agreement. If the owners fail to do so,the City may
remove the fence to the extent it impacts the Easement Areas and charge the cost of removal back to
the owners for reimbursement.
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
[Remainder of page intentionally left blank.
Signature pages follow.]
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CITY: CITY OF CHANHASSEN
By -
(SEAL) q..-se Ryan, Mayor Of
4 //
' i d A./>PI, zie ' -
Heather Johnsto u Interim City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this 4 5 day of
5.43..
f { , 2020, by Elise Ryan and by Heather Johnston, respectively the Mayor
and Interim 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.
1
No Pu lic
' ii
" ; KIM T. MEUWISSEN
V. Notary Public-Minnesota
My Commission Expires Jan 31,2025
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PROPERTY OWNERS:
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Loel B. Brown
1M �-t��
Mary Jane Brb
STATE OF MINNESOTA )
)ss.
COUNTY OFC-1(•%ems )
The foregoing instrument was acknowledged before me this 1 ON day of
rvNbeV , 2020, by Loel B. Brown and Mary Jane Brown,husband and wife.
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o Public t
i;`*,-t, JEAN 66M STECKLING
KIM ' • No P M ,
-'t I- MI CON11111981,12041 den 31,2024
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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SEWER
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