Encroachment Agreement - Poitevent2 Document Number: A729146
Filed and/or Recorded on
Jul 20, 2021 1:41 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy Tii Pkg ID: 7333818
Document Recording Fees $46.00
Document Total $46.00
Requesting Party: EXECUTIVE TITLE INC
Pages: 7
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 jSo day of S' -t _, 2021, by and between the
CITY OF CHANHASSEN, a Minnesota municipal corporation("City"), and PAUL J.
POITEVENT and JUDITH A.POITEVENT, 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 on the attached
Exhibit"A" ("Subject Property"). The City owns easements for drainage and utility purposes
over portions of the Subject Property ("Easement Areas"). The Owners desire to construct a
retaining wall on the Subject Property which encroaches on the Easement Areas as depicted on
the attached Exhibit"B" and labeled 1.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its Easement Areas for the retaining wall 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 retaining wall located
within the Easement Areas.
• The retaining wall must not impact or increase water drainage on the abutting
properties or cause any adverse drainage patterns or erosion to the abutting properties.
216631v1 1
• The Owners,their heirs, successors and assigns, are fully responsible and liable for any
and all damage caused to the retaining wall or resulting from construction of the
retaining wall within the Easement Areas.
• The Owners of the Subject Property will own and maintain the retaining wall.
Further, Owners agree that the retaining wall shall be 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 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 retaining wall located in the Easement Areas, 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 by giving 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 owners shall remove that portion of the retaining wall to
the extent it impacts the Easement Areas to the effective date of the termination of this
Agreement. If the owner fails to do so, the City may remove the retaining wall 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.
Signature pages follow.
216631vI 2
CITY OF CHANHASSEN
---/(iiii:,(--
By
(SEAL) = E ise Ryan, Mayo
�_ - And 1,19UAkte, 144-(01-1-N\
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
\ , The foregoing instrument was acknowledged before me this kL2* day of
V t� , 2021, by Elise Ryan and by Laurie Hokkanen, respectively the Mayor
and Cityanager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority gr jblic
ed by its City Council. ,
of
KIM T. MEUWISSEN
-1-z Notary Public-Minnesota
� -1: . My Commission Expires Jell 31,2025
216631v1 3
PROPERTY OWNERS:
Paul J. Poi event
, U
J Ith . Poitevent Pt'Q----'
STATE OF MINNESOTA )
( ss.
COUNTY OF ft t'EPW )
The foregoing instrument was acknowledged before me this l6 day of
'Sol r , 2021, by Paul J. Poitevent and Judith A. Poitevent, spouses married to each
other.
Notary ' 'lie
; '2rP CI-IRISTOPHER L.GEORGE
f.;.: .1 Notary Public
=5it,'1:;) 1viIrineSta
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
216631vI 4
EXHIBIT "A"
That part of Lot "D" Bardwell Acres Lake Minnetonka, Carver County, Minnesota, described as
follows: Beginning at the point 350.3 feet West of the Northeast corner of said Lot "D"; thence
Northwesterly 90 feet along the Northerly line of said Lot "D"; thence Southwesterly 337 feet to
a point on the northerly right-of-way line of Bardwell Road distant 153 feet Southeasterly from
the Easterly right-of-way line of Chaska Road, as measured along the Northerly right-of-way line
of Bardwell Road; thence Southeasterly 331.6 feet to a point 511.35 feet West of the East line of
said Lot "D";thence 308.6 feet Northeasterly to the point of beginning, lying Northwesterly of the
following described line: Commencing at a point on the Northerly line of said Lot "D", distant
350.3 feet West of the Northeast corner of said Lot "D"; thence Northwesterly along the Northerly
line of said Lot "D", a distance of 57.54 feet, to the beginning of the line to be described; thence
Southwesterly, deflecting to the left, 98 degrees 54 minutes 49 seconds, a distance of 304.99 feet,
to the Northerly right-of-way of Bardwell Road, and said line there terminating.
[Parcel A/abstract]
216631v1 5
N'. .. .
--k 1
‘24,10Q r
\,.N.Sith 1 \-.- --- . ----:
O.
v ")I p) 1
114°,6.•:-.1reks,— — ,--— *-- --05-0,/ _
Oak
•
\ \!s, \ v. —spa, ��
N. 8
p. ,\\ \ \ 6 \\S
i� I
• ',\ \\\ � Off, �sr� ! _ _
S. \ \,-- , \P� ' ` 4 r \ \ :
b • f •
it, \ \ \\,, ' 1
\\\\\\\\ .
-ions `
ir, .-- '' \ \\\\\\\ N \ N.
0.,.. \\ ^i(1\\\\\ \\\\\\\\' ' ..9°N ::\
>< ---9i171, \k' \\‘\\\\\\\\ \'''''' , ,,
\\\
c� . .,,,
, : ,_ .. • . ` ` \�} v \\\ \
• \ '2 \ �\ 3.1 h
xo . •• �� \ \\\I\
1 s .
\ sf0[ - ••' \ � \p.
\\\ \ N-..
\ nOl \ \ • • \ \ \ .
• \ \ `5• \• \ ••• ` 1�\ ry- \ \
\ y \ `. \ • \\ \` \
."D
\ \ s
\ \\ i\� "\ ��> � \
\ \ \ �`\ \ •• •- ` \
, \ • N.
\
i N \ . \
V, 1 \ \ \ N �• \ • 1-S.` '.
\ , N
\ i �\ \ \ � r .=:
1 + \ \ \ ,`, •• \ \\ \ c_' ena> �. \ `. ••• .�r -