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Home My WebLink About3132Existing Certs 770072 II II II I I I I I I I I I I I I I I II LAND TYPE Torrens (T) DOC NUM 5924466 Certified, filed and/or recorded on Feb 22, 2022 2:25 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 2404674E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. (reserved for recording ildbona(ion) ENCROACHMENT AGREEMENT ck;- AGREEMENT made made this ;7;4 I day of , 2021, by and between the CITY OF EDINA, a Minnesota municipal corporation ("City"), and JOHN S. CROUCH and BONNIE W. CROUCH, spouses married to each other ("Owners"). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Edina, County of Hennepin, State of Minnesota, legally described as follows: Parcel II) No. 31-117-21-.24-0066 Lot 1, Block 5, Parkwood Knolls 19th Addition (COT 770072) having a street address of 5616 Parkwood Lane, Edina, Minnesota 55436 ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). Owners desire to install a heated driveway on the Subject Property which will encroach on the City's Easement Areas as depicted on the attached Exhibit "A". 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in the Easement Areas on the Subject Property for the heated driveway subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: 216443v1 • The City shall have no responsibility to repair, replace or maintain the heated driveway located within the Easement Areas, • The heated driveway 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, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the heated driveway because of it being installed in the Easement Areas, • The owners of the Subject Property will own and maintain the heated driveway. Further, Owners agree that the heated driveway shall be constructed and installed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS ANI) INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, the 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 heated driveway in the Easement Areas, caused in whole or in part by the encroachment into the City's Easement Areas. 4. TERMINATION OF AGREEMENT. The City may 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 heated driveway 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 heated driveway 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 heated driveway to the extent it impacts the Easement Areas and charge the cost of removal back to the owner for reimbursement. 216443v1 2 . Jol S. Cro • Fel w PROPERTY OWNERS: Bonnie W. Crouch STATE OF MINNESOTA ) )ss. COUNTY OF NO.PLVV\ The foregoing instrument was acknowledged before me this I day of DeC-c.VA:per- , 2021, by John S. Crouch and nnie W. Crouch, spouses married to each other. ELIZABETH A. Nooge NOTARY PUBLIC MINNESOTA MY Commission Woo Rim 31.2021 DRAFTED BY: CAMPBELL KNUTSON, Professlotral Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 216443v1 4 Notary 5. RECORDING. This Agreement shall run with th land and shall be recorded against the title to the Subject Property. CITY OF EDI By Te—sl ovlan i, Mayor (SEAL) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this L day of .:7..- .... , ...-....,-... • ,./.,. ' .. . 4„) , 2021, by James Hovland and by Scott Neal, respectively the,.. ,a5'''"i•''gd;::''':';:3''.:::;''...,, City Mc er of the City of Edina, a Minnesota municip' 1-"CTYri -ation, on behalfathc— -,..;.ii''.• ,,,..x.,!-• corporation and pursuant to the authority gran if `yk. ts Aty Co 'il. ' ..‘ .'' ::q.14. `\ 1..,/'.' ..'.',---- ',-• . .. ,‘-:,'1..:-.„,.—; f .,--,,,, li SHARON M. ALLISON Notary Public-Minnesota My Commlealon Expires Jan 31, 2025 vVvvvvVNNwievoneWW,Www 216443v I 3 EXHIBIT "A" TO ENCROACHMENT AGREEMENT SITE ADDRESS; 6IO Parkwood Lane, Edina, MN 56436 DOVRE DR/VE • 'A. 2',1 "'• - ' or) .C2524'46 "IV CelsPaiewr • x;;? ti4 Y I v.i 17T ), 5, , _ 'A PA.M.,i) Win!: g (91":1 .9;T - — • „ 11.4 PV,'7 0,-.. L'o.:VAZifk.i.• ,7; Ti-d • ..., b.- . 76 iii,3,7 r,,ER? V ONE C iMT I, Oi.C.,;:K !i, \\ I' Ai eX 'ISM) Mkt S :1 o 01 Atinco, , .,......)____... ;,..r.x.4.,•0 4170.; P:r.i.t. moutwEra) I ,,,- --,------.' , •r,;•Vit,'. (4,.,.•',,;)'47 • ,_ - ,,, - 01,-;),66.• = N', •-,, - v 0," i $1 43 .2,' ' 0 8 \ ., . ‘ •,.."- - , ..-- --- 'rtiOr 'AP' \. - •-•••••• -- .; I '':'' "'l ...' , 0 L t Pi st i t . . Of ;‘41;. Wil)12''' -." ''' ..' /i i " .,7ab. il w, ,16 r Li) t ,011 - pE IL f 0 FIL u... 1 HIMA" It{ Itt' — . • I , 1,1 s• • L..... Pre:: i'ER fi VfNi-: ItakmitE OROuC,,f P,v0PERTY A 00 Ist'S 5: 6I7b PA 0:7 W001 P R CEL NO 40 ER 1 - - 00611' 0 20 SCALE IN' FEET 216443vt 5 (reserved for recording information) ENCROACHMENT AGREEMENT St— AGREEMENT made this '0( day of .34 IA , 2021, by and between the CITY OF EDINA, a Minnesota municipal corporation ("City"), and JOHN S. CROUCH and BONNIE W. CROUCH, spouses married to each other ("Owners"). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Edina, County of Hennepin, State of Minnesota, legally described as follows: Parcel ID No. 31-117-21-24-0066 Lot 1, Block 5, Parkwood Knolls 19th Addition (COT 770072) having a street address of 5616 Parkwood Lane, Edina, Minnesota 55436 ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property ("Easement Areas"). Owners desire to install a heated driveway on the Subject Property which will encroach on the City's Easement Areas as depicted on the attached Exhibit "A". 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in the Easement Areas on the Subject Property for the heated driveway subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: 216443v1 1 • The City shall have no responsibility to repair, replace or maintain the heated driveway located within the Easement Areas. • The heated driveway 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, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the heated driveway because of it being installed in the Easement Areas. • The owners of the Subject Property will own and maintain the heated driveway. Further, Owners agree that the heated driveway shall be constructed and installed 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, the 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 heated driveway in the Easement Areas, caused in whole or in part by the encroachment into the City's Easement Areas. 4. TERMINATION OF AGREEMENT. The City may 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 heated driveway 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 heated driveway 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 heated driveway to the extent it impacts the Easement Areas and charge the cost of removal back to the owner for reimbursement. 216443v1 2 John/S. Cro (cl Bonnie W. Crouch Notary PROPERTY OWNERS: STATE OF MINNESOTA ) )ss. COUNTY OF 14Jr\y‘AAN ) The foregoing instrument was acknowledged before me this I "th"-- day of De.C‹.01.44-e-r- , 2021, by John S. Crouch and nnie W. Crouch, spouses married to each other. 0, 6 fr r ELIZABETH A. MOORE NOTARY PUBLIC MINNESOTA MY commission Expires Jen, T1,2027 DRAFTED BY: CAMPBELL KNUTSON, Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 216443v1 4 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. (SEAL) CITY OF EDI ► tb•_ mes • ovland, Mayor By And e tt leal, ty anager STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN br-Andl e'.. City MAer of the City of Edina, a Minnesota municip ation, on behalfb lk---., (7 ‘ q \-..-,,, .--- , corporation and pursuant to the authority gran ts il. • •;44f ,,,,i.t:luq ,. SHARON M. ALLISON Notary Public-Minnesota My Commission Expires Jan 31, 2025 WwwWWWWvvVvvvvvvvvvVvvvw 216443v1 3 0 I 'The foregoing instrument was acknowledged before me this v‘ day of , 2021, by James Hovland and by Scott Neal, respectively theiI0 . '' ' • v t 4, • if,',..)1•29 ..'v •.7., ,'; , r 7 . .??-f 4 ,,:,' 5 .•.1,:.??..'')?...•-- - t3_,..:,..............„ . i.........,17 ,...;• , :47.:A' 7--...... Iy1;1I11.4 , ',' ; Of :1: '......-- , '7' T P• •"::-).- .5 \ 0,,,/9.),,, OA '' ,f1t7a5, CNC/01401{4CW I / '01 Il ,.Grq • 4 Lf '.•••;..•,...f.,,TY I '•''...:•"!_'•••"`rY VA; - 4 20 40 EXHIBIT "A" TO ENCROACHMENT AGREEMENT SITE ADDRESS: GM Parkwood Lane, Edina, MN 65436 00VRE DRIVE SCALE IN FEET 216443v1 5 PARKWOOD LANE