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;