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Encroachment Agreement for Retaining WallENCROACHMENT AGREEMENT FOR RETAINING WALL THIS INSTRUMENT is made and by and between Chan Three Development, Inc, a Minnesota corporation ("Developer"); The Bluffs at Lake Lucy Homeowners' Association, a Minnesota non-profit corporation (the "Association") and John C. Tietz and Carrie M. Tietz, as trustees of the John C. Tietz and Carrie M. Tietz Living Trust dated March 18, 2016, ("Property Owner"). WITNESSETH WHEREAS, Property Owner is the fee owner of that real property located in in Carver County, Minnesota, legally described on Exhibit A, attached hereto ("Subject Property"); and WHEREAS, Developer is establishing a residential development, and intends to record a Declaration of Covenants, Conditions and Restrictions for The Bluffs at Lake Lucy, a planned community (the "Declaration"); and WHEREAS, the Association is a Minnesota non-profit association, holding certain rights and responsibilities set forth in the Declaration ; and WHEREAS, as a condition to recording the Declaration, Carver County and the City of Chanhassen require the Developer to remove an existing driveway that provides access to the Subject Property, and to install a new driveway to provide access to the Subject Property; and WHEREAS, construction of the new driveway will require installation of two retaining walls (the "Improvements"), a portion of which will be located on the Subject Property, as depicted on Exhibit B, attached hereto; and WHEREAS, Property Owner is willing to grant to the Developer and the Association the right to enter the Subject Property to install and maintain the Improvements, subject to the terms and conditions set forth herein. NOW, THEREFORE, for good and valuable consideration, receipt of which is acknowledged: 1. Grant of Easement. Property Owner does hereby transfer, grant and convey to the Developer and the Association, their successors and assigns, a perpetual easement over, under, upon and across that portion of the Subject Property legally described and depicted on Exhibit E, attached hereto (the "Easement Area"), for purposes of installing and maintaining the Improvements. 2. Construction and Maintenance. The rights granted herein include the right, privilege and authority of the Developer and the Association, and their contractors, agents and employees, to freely enter the Easement Area at any and all reasonable times with tools, equipment, vehicles and materials as the Developer or Association deem reasonably necessary, for the purpose of constructing, reconstructing, inspecting and maintaining the Improvements. 3. Use Restrictions. The use of the Easement Area shall be expressly limited to the purposes specified herein. Except for temporary and reasonable activities required in connection with maintenance of the Improvements, no obstruction shall be placed on the Easement Area that would prevent, restrict or otherwise inhibit access to the Subject Property by the Property Owner, their tenants, invitees, guests or licensees. Likewise, the Property Owner shall not place any obstruction within the Easement Area that would prevent, restrict or otherwise inhibit access to the Improvements for purposes of inspection, construction, reconstruction or maintenance, nor shall Property Owner take any action that would cause damage to the Improvements. 4. No Expense to Property Owner. The Improvements to be constructed over, upon, under and across the Easement Area and the maintenance and repairs thereof, shall all be at no cost or expense to Property Owner. 5. Indemnification and Hold Harmless. a. The Property Owner shall indemnify and hold the Developer and Association, their successors and assigns, harmless from any and all claims, damages, costs and expenses, arising out of or resulting from use of the Easement Area by the Property Owners, their tenants, licensees, guests or invitees, except to the extent that any such claims arise from the gross negligence or intentional act of the Developer, the Association, or their agents. b. The Developer and Association shall indemnify and hold the Property Owner, their heirs and assigns, harmless from any and all claims, damages, costs and expenses, arising out of or resulting from installation or maintenance of the Improvements by the Developer and the Association, and their contractors, agents and employees except to the extent that any such claims arise from the gross negligence or intentional act of the Property Owner. 6. Warranty of Title. Property Owner represents and warrants to the Developer and Association that Property Owner is the fee owner of the Subject Property, and has the right, title and capacity to grant the easement described above. 7. The terms and conditions of this instrument shall run with the land and be binding on the Property Owner its successors and assigns, and inure to the benefit of the Developer and the Association, and their respective successors and assigns. 8. This Agreement shall be recorded against the title to the Subject Property. IN WITNESS WHEREOF, Property Owner, Developer and Association have executed this Declaration on the day set forth above. JOHN C. TIETZ AND CARRIE M. TIETZ LIVING TRUST DATED MARCH 18, 2016 LE am John C Tietz, Carrie M Tietz, STATE OF MINNESOTA ) ) SS. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of , 2020 by John C Tietz and Carrie M Tietz as Trustees of the John C. Tietz and Carrie M. Tietz Living Trust dated March 18, 2016, on behalf of the trust. Notary Public THE BL/UFIVS AT HOM O ER By: /, '11�/ � CrZE CHAN By: Craig Aijoi LUCY President STATE OF MINNESOTA ) ) SS. COUNTY OF aA4,,� ) INC The foregoing instrument was acknowledged before me this 3Y4 day of f Jc, Lr , 2020 by Craig Allen, the President of Chan Three Development, Inc., a Minnesota corporation, on behalf of the corporation. LORI L CLARK Notary Public Minnesota t11qW13M%ftJwa"31,2023 STATE OF MINNESOTA ) ) SS. COUNTY OF d� K- A Cis Notary Public The foregoing instrument was acknowledged before me this 3rJ day of tjt,ok A bjA- , 2020 by Craig Allen, the President of The Bluffs at Lake Lucy Homeowners' Association, a Minnesota non-profit corporation, on behalf of the corporation. LORI L CLARK 1, Notary Public Minnesota nunissfen 312023 THIS INSTRUMENT DRAFTED BY: Cries Lenhardt Allen, P.L.L.P. QMP) 12725 43`d Street NE, Suite 201 St. Michael, MIN? 55376 (763) 497-3099 Notary Public EXHIBIT A Subject Property That part of NE 1/4 of the NW 1/4 Section 10, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Commencing at the North 1/4 corner, Section 10, Township 116 North, Range 23 West, thence southerly along the North-South 1/4 line of said Section 409.69 feet to the point of beginning, thence continuing southerly along North-South 1/4 line 60.08 feet to a point, thence westerly on a line parallel with the South line of the North 1/2 of the NE 1/4 of the NW 1/4 452.30 feet to the centerline of the Excelsior -Shakopee Road, thence northeasterly along the centerline of the Excelsior -Shakopee Road 61.50 feet, thence easterly and parallel with the South line of the North 1/2 of the NE 1/4 of the NW 1/4 435.76 feet to the point of beginning. and That part of the NE 1/4 of the NW 1/4 Section 10, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Commencing at the North 1/4 corner Section 10, Township 116 North, Range 23 West, thence southerly along the North-South 1/4 line of said Section 469.77 feet to the point of beginning, thence southerly along the North-South 1/4 line 200.26 feet to a point on the South line of the North 1/2 of the NE 1/4 of the NW 1/4, thence westerly along the South line of the North 1/2 of the NE 1/4 of the NW 1/4, 518.43 feet to the centerline of the Excelsior -Shakopee Road, thence northeasterly along the centerline of the Excelsior -Shakopee Road 207.86 feet, thence easterly and parallel with the South line of the NE 1/4 of the NW 1/4 452.30 feet to the point of beginning. EXHIBIT B P-aseanent Area ana jl I I - I / f l C_ L 1 1 1t I T .] n l OUTLOT B 0 °= OUTLOT A r�J ^ MOST WESTERLY _ ;5 28 . �_ -0, y —SOUTH LINE OUTLOT A 4�"=1i,=0„W R. 2 i ENCROACHSIEN'T EASEA4EiNT DESCRIPTION That part of the Nor?hcast Q1W.;cr 0, the Northwest Quarter of Scction 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the most westerly comer of Oudot A, THE BLUFFS OF LAKE LUCY, according to the recorded plat thereof, Carver County, Minnesota; thence on an assumed bctlring of South 87 degrees 51 minutes 50 seconds East along the most westerly south line of said Outlot A, a distance of 23.41 fee: to the actual ,point of beginning; thence continuing South 87 degrees .51 minutes 50 seconds East along said most westerly somb line, a distance of 55.26; feet, titanct, on a bcaringg of South. a distance of 15,01 feet;, thenms North 87 degrees 51 minutes 50 seconds West, a distance of 33.26 feet; thence on a bearing of forth, a distance of 15.01 feet to the point of bcgiuning Encroachment Area= 829 sq. ft I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 30th day of September, 2020. lard L Averbeck, PLS Minnesota License No. 53642 Encroachment Easement Area tt 50 25 0 25 50 tiQ R I SCALE IN FEET SATHRE-BERGQUIST, INC. 150 South Broadway Ave. Wayzata, MR. 55391 WrERS P`' Rr (952) 476.6000 wwwmthre.cotn Easement x [Me: RICW2020 ermla,t>aW Prepared For repand By: Mr Check By. JJA CHAN THREE y«d sheet: DEVELOPMENT INC. Number. 31204Y79 CONSENT TO ENCROACHMENT AGREEMENT Bridgewater Bank, a Minnesota corporation, which holds a Mortgage filed the 12th day of October, 2020 in the Office of the County Recorder in and for Carver County, Minnesota, as Document No. T215904 on the subject property, the development of which is governed by the foregoing Encroachment Agreement, agrees that the Encroachment Agreement shall remain in full force and effect even if it forecloses on its mortgage. nI Dated this,,? of /�! 2020. 57 STATE OF MINNESOTA ) ss. COUNTY OF h, Mas D. Johnson Its: Senior Vice President Construction Lending The foregoing instrument was acknowledged before me the 2 `11 day of 1111AWW, 2020, by Thomas D. Johnson, the Senior Vice President Construction Lending of Bridgewater Bank, a Corporation under the laws of Minnesota on behalf of the Corporation. This Instrument Drafted By: Custom Home Builders Title, LLC 10850 Old County Road 15 Plymouth, MN 55441 212026v1 (AS -- Notary Public NADIYA S. RINGEN Notary Public Minnesota omin p MY January 31, 025 ires1(9;