Recorded Encroachment Agreement Roers Harlow001Document Number: A781297
Filed and/or Recorded on
Jan 3, 2025 11:02 AM
Office of the County Recorder/Registrar of Titles
Carver County, M innesota
Kaaren Lewis, County Recorder
Deputy NV
Document Recording Fees $ 46.00
DocumentTot,l $ 45.00
Requesting Party: Guaranty Commercial T'itle 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 lor recordi ng ihlonn I i otl)
AGREEMENT made thirMry "r DUnlhtzq24,by andbetween the
CITY OF CHANHASSEN, a Minnesota municipal corporation C'City'), and ROERS
CHANHASSEN HARLOW APARTMENTS OWNER LLC, a Delaware limited liability
company ("Roers").
1. BACKGROIIND. Roers is the fee owner of certain real property located in the
City of Chanhassen, County of Carver, State of Minnesota, legally described as follows: Lot 1,
Block 2, Chanhassen Market Street Addition, according to the recorded plat thereof, Carver
County, Minnesota ("Property"). The City owns easements for drainage and utility purposes over
portions ofthe Property ("Easement Areas"). Roers desires to construct concrete slabs, sidewalks,
fencing, parking stalls, and an access aisles ("lmprovements") on the Property that encroach on
the City's Easement Areas as depicted on the attached Exhibit "A".
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its Easement Areas on the Property for the Improvements subject to the
conditions set forth in this Agreement. Further conditions ofencroachment approval are as follow:
Rstum to:
Guarrnly Co mefolal litta, tnc.
465 Nlcollct M.tl, Sutte 230
Minneapolls, MN 55401
233998v1 I
ENCROACHMENT AGREEMENT
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The City shall have no responsibiliry to maintain or repair the lmprovements located
within the Easement Areas.
The Improvements must not impact or increase water drainage on the abutting
properties or cause any adverse drainage pattems or erosion to the abutting properties.
Roers, its successors and assigns. are fully responsible and liable lbr any and all damage
caused to the Improvements or resulting from construction and/or installation of the
Improvement within the Easement Areas.
The Roers will own and maintain the Improvements.
Further, Roers agrees that the Improvements 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, Roers, for itself, its successors and assigns, hereby agrees to
indemnify and hold the city harmless from any damage caused to the property, including any of
the Improvements 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 irs sole discretion,
terminate this Agreement at any time by giving the then owner of the subject property sixty (60)
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 Improvements to the extent
they impact the Easement Areas to the effective date of the termination of this Agreement. If the
owner fails to do so, the city may remove that portion of the Improvements to the extent they
impact 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 Properry.
)231998\ I
I
CITY OF CHANHASSEN
By
(SEAL)Elise Ryan, Ma
And loruP4l
Laurie Hokkancn, City Manager
STATE OF MINNESOTA )
)ss
COUNTYOFCARVER )
The fbregoing instrument was acknowledged beltrre me tt i, l(day of1)u-wW ,2024 , by Elisc Ryan and by Laurie Hokkanen. respectively the Mayor
and City Manager of the Cify of Chanhassen, a Mimesota municipal oorporation, on behalf of
the corporation and pursuant to the authority granted by its City Council.
Notan,
JENNIFER ANN POTTEB
Notary Public-Minnesota
My Comml.3ion Erpn.! Jao 3l,2027
213998v1
ROERS CHANHASSEN HARLOW
APARTMENTS OWNER LLC
By
Tom Cronin
Its Authorized Signatory
STATE OF MINNESOTA
COTINTY OF HENNEPIN
)
)ss
)
The foregoing inshument was acknowledged before me this l8S day of December,
2024, by Tom Cronin, the Authorized Signatory ofRoers Chanhassen Harlow Apartments
Owner LLC, a Delaware limited liability compan behalfofthe entiry
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DRAFTED BY:
CAMPBELI, KNUTSON,
Ptofession ql A s soci atio t
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
4
PTEE CAfl{RilEIYEBSTER
NOrMY R.ELlC - tmrl€sor
E TOEPIN COU TY
qr CoflYnBeon Elg,ls J.n 31. 2025
2'1.1998v I
IiXHII]IT..A"
Depiction of Encroachment
5233998r I
ISee Attachedl
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