Encroachment Agreement - Schaefco Development LLCDocument Number: A730785
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
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this 9� day of 1 U, _, 2021, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and SCHAEFCO
DEVELOPMENT, LLC, a Minnesota limited liability company ("Owner").
1. BACKGROUND. Owner is the fee owners of certain real property located in the
City of Chanhassen, County of Carver, State of Minnesota, legally described as follows:
Lot 1, Block 1, DEER HAVEN
and
Outlot A, DEER HAVEN
(abstract)
("Subject Property"). The City owns easements for public right-of-way purposes and drainage
and utility purposes over portions of the Subject Property ("Easement Areas"). Owner desires to
construct and install a storm sewer system which encroaches 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 storm sewer system subject to
/e Z1f &
Custom Home Builders Title, LLC
10850 Old County Road 15, #100
216747v1 Plymouth, MN 55441 ]
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 storm sewer system
located within the Easement Areas.
• Owner agrees that the storm sewer system will be reviewed and approved by the City
prior to installation.
• The Owner shall apply for and receive any and all necessary building permits from the
City.
• The storm sewer system 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 Owner shall construct the storm sewer system consistent with all applicable
federal, state and local laws and regulations.
• The Owner, its successors and assigns, are fully responsible and liable for any and all
damage caused to any part of the storm sewer system or resulting from construction
and/or installation of the storm sewer system within the Easement Areas.
• The Owner of the Subject Property will own and maintain the storm sewer system.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the Easement Areas, the Owner, 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 storm sewer system 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 right-of-way purposes or drainage and utility purposes and the storm sewer
system is 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 shall remove
that portion of the storm sewer system to the extent it impacts the Easement Areas to the effective
216747v1 2
date of the termination of this Agreement. If the owner fails to do so, the City may remove the
storm sewer system to the extent it impacts the Easement Areas 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.
. rA
CITY OF CHANHASSEN
By &QZ
Elise Ryan, Mayor
And
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this Q% -f-IN day of
���anager
, 2021, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor
and Che City of Chanhassen, a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority granted by its City Co 7—:�
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7NorPublic
216747v1 3
OWNER:
SCHMA AFkELOPMENT, LLC
J. Brown, Its Vice President
STATE OF MINNESOTA )
)SS.
COUNTY )
The foregoing instrument was acknowledged before me this D3 (-d day of
2021, by Timothy J. Brown, the Vice -President of Schaefco
Develop ent, LLC, a Minnesota limited liability company, on behalf of the entity.
(>�ary Public
JE"STEC
KLING ftW-M a WAIkW sob" ��
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
216747v1 4
EXHIBIT "A"
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