Encroachment Agreement - AshfeldDocument Number: A730781
Filed and/or Recorded on
Aug 13, 2021 9:39 AM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy CS Pkg ID: 7343594
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC
Pages: 6
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
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(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this day of �A , 2021, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and KENNETH
ASHFELD and BARBARA BERSIE-ASHFELD, spouses married to each other ("Owners")
1. BACKGROUND. Owners are the fee owners of certain real property located in
the City of Chanhassen, County of Carver, State of Minnesota, legally described as follows:
Lot 4, Block 1, DEER HAVEN
(abstract)
("Subject Property"). The City owns easements for drainage and utility purposes over portions of
the Subject Property ("Easement Areas"). Owners desire to construct and install a retaining wall
and planter, not to exceed two (2') feet in height (collectively the "Improvements") on the Subject
Property which encroach into the City's Easements Areas 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 Improvements subject to the
conditions set forth in this Agreement. Further conditions of encroachment approval are as follow:
• The City shall have no responsibility to maintain or repair the Improvements located
within the Easement Areas.
Custom Home Bullders Title, LLC
10850 old County Rood 15
2157641 Plymouth, MN 55441
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• Owners agree that the retaining wall to be built will be 4' or less in total height, unless
an engineered design for walls over 4' total height is submitted and approved by the
City.
• The Improvements located on the Subject Property must not impact or increase water
drainage on the abutting properties or cause any adverse drainage patterns or erosion
to the abutting properties.
• The Owners shall construct the Improvements consistent with all applicable federal,
state and local laws and regulations.
• The Owners shall apply for and receive any and all necessary building permits from
the City.
• The Owners, their heirs, successors and assigns, are fully responsible and liable for any
and all damage caused to any of the Improvements or resulting from construction
and/or installation of the Improvements within the Easement Areas.
• The Owners of the Subject Property will own and maintain all Improvements.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the Easement Areas, the Owners, for themselves, their heirs, successors and assigns,
hereby agree to indemnify and hold the City harmless from any damage caused to the Subject
Property, or Improvements encroaching into the Easement Areas as depicted on Exhibit "A",
caused in whole or in part by the encroachment into the Easement Areas.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
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 Improvements are inconsistent with the
City's use of the easements. 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(s) shall remove that portion of the Improvements
to the extent they impact the Easement Areas to the effective date of the termination of this
Agreement. If the owner(s) fails to do so, the City may remove the Improvement(s) to the extent
they impact the Easement Areas and charge the cost of removal back to the owner(s) for
reimbursement.
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5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
ISEAL) .
=r
CITY OF CHANHASSEN
By &�6 &A A`0
Elise Ryan, May
And
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
, ` The foregoing instrument was acknowledged before me this � day of
V , 2021, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor
and Cit 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. ,
�m 0 1 1 (A n-JZ44---1
Not is
JOKIM T. MEUWISSEN
Notuy Public -Minnesota
My OnrtMl�inE*k" Jan 31, 2M
21576av1 3
PROPERTY OWNERS:
Barbara Bersie-Ashfeld
STATE OF MINNESOTA )
)sS.
COUNTY OF .jG "12 i (7 )
The foregoing instrument was acknowledged before me this J--Ci 411-day of
, 2021, by Kenneth Ashfeld and Barbara Bersie-Ashfeld, spouses married
to each er.
Amy Judith Pleb cising
Notary
nnesota
++,.. Iasi 31, 2023
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
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EXHIBIT "A"
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