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Home My WebLink About3274(•eserved for recording in ENCROACHMENT AGREEMENT AGREEMENT made this day of , 2024, by and between the CITY OF EDINA, a Minnesota municipal corporation ("City"), and EDEN AVENUE GROUP, LLC, a Delaware limited liability company ("Owner"). 1. BACKGROUND. Owner is the fee owner of certain property located within the City of Edina, County of Hennepin, State of Minnesota legally described as follows: Tract A, Registered Land Survey No. 1501, Hennepin County, Minnesota. (COT 1537519) having a street address of 4917 Eden Avenue, Edina, MN 55424 ("Subject Property"). The City owns easements for right-of-way purposes over portions of the subject property ("Easement Areas"). Owner desires to construct and install a monument sign on the Subject Property that encroach into the City's Easement Areas as depicted on the sketch attached hereto as Exhibit "A"(consisting of three pages). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of the monument sign in its Easement Areas on the Subject Property subject to the conditions set forth in this Agreement: 1 230644v2 • The City shall have no responsibility to maintain the monument sign located within the City's easement areas. • The monument sign must be a minimum of 20 feet from traveled way. • The monument sign shall not impact or increase water drainage or cause any adverse drainage patterns or erosion to abutting properties. • Owner shall construct the monument sign consistent with all applicable federal, state and local laws and regulations. • The Owner of the Subject Property will own and maintain the monument sign. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's Easement Areas, Owner for itself, its successors and assigns, hereby agrees to indemnify and hold the City harmless from any damages caused to the Subject Property, including the monument sign located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION. 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 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 owner shall remove any portion of the monument sign up to and including removing the entire monument sign to the extent it interferes with or impacts the Easement Areas in any way to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove any portion of the monument sign or the entire monument sign 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. [Remainder of page intentionally left blank. Signature pages follow.] 2 230644v2 CITY OF EDINA By (SEAL) James Hovland, Mayor And Scott Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2024, by James Hovland and by Scott Neal, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 3 230644v2 OWNER: EDEN AVENUE GROUP, LLC, a Delaware limited liability company By: The Northwestern Mutual Life Insurance Company, a Wisconsin corporation, a member By: Northwestern Mutual Investment Management Company, LLC, a Delaware limited liability company, its wholly-owned affiliate By: Vidtkov VI Name: Walter Walter N. Smith Title: Portfolio Director STATE OF WISCONSIN COUNTY OF MILWAUKEE Ar (••-, The foregoing instrument was acknowledged before me this day of July, 2024 by Walter N. Smith, the Portfolio Director of Northwestern Mutual Investment Management Company, LLC, a Delaware limited liability company, the wholly-owned affiliate of The Northwestern Mutual Life Insurance Company, a Wisconsin corporation, a member of EDEN AVENUE GROUP, LLC, a Delaware limited liability company, and acknowledged the execution of the foregoing instrument as the act and deed of said limited liability company. My commission expires: March 19, 2028 I, rct1441-pirp,---- Molly L. Fahistrom, Notary Public ,,N'' 0 ..\--.- FA/-/ ",, &,-- - - ' • `S), '''', s -P '-- z• , /1 o 's [Signatures continued on following page.] .7. % .3 (r) % suG / ll' 191 W1 SC°\-\os'' iiiiii,„4,„ ,.„00% 4 230644v2 )ss. Anne C. Stephenson NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 2025 [Signatures continued from previous page.] By: Eden Avenue Partners, LLC, a Delaware limited liability company, a member By: ••••••••-•- Nicholas Walton, its Manager STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 501day of June, 2024 by Nicholas Walton, the Manager of Eden Avenue Partners, LLC, a Delaware limited liability company, a member of EDEN AVENUE GROUP, LLC, a Delaware limited liability company, and acknowledged the execution of the foregoing instrument as the act and died of said limited liability company. My c mmission expires: 1-- SI - Atu_o_...-S3g(1,-€.4A-otary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 806 Blue Gentian Road, #290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 230644v2 5 EXHIBIT "A" TO ENCROACHMENT AGREEMENT 000.$..LI.J27,it $00 ‘II --"""="-• . • L. I 11Cp. , 1 \is,. i ,..., . Li, ormintisiiiitZ ...1!",14,,irOzt`„; 'V", • ra••••......•••...••••,:miest4.....,••••!...-......, dd. vid ••••W.M.IP VAMP .. • ... dy.:,•dnyvviraiindir,idedwi, " -4- - 1 i i ' 1. '0 744:47gi-xcr•bw . ,.. r,-,-m..xm I 1 i i i i i 1 1 I i i 1 lir31:41 i ,,, t-, • . 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A. ../ : • 1 I 1 i .7 : i EXHIBIT "A" Page 3 TO ENCROACHMENT AGREEMENT Monument sign . 6' Y S wood sign backer • Raised 4'-3".t 21-3" graphic panel with dimensional letters • Total sq. ft.; 16 • 11-6h leg height • Both sides are identical Lighting requires either trenching electricity to the s►gn or using solar- powered ground lights 5' T 4'6" 230644v2 7