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Home My WebLink About3275(Reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this / day of , 20 if 'Ay and between the CITY OF EDINA, a Minnesota municipal corporation ("City"); and (collectively "Owners"). 1. BACKGROUND. The City owns the right of way and are the fee Owners of the property legally described on the attached Exhibit "A" (collectively "subject property"). Owners want to construct a retaining wall within the City of Edina Right of Way as shown on the attached Exhibit “B 7! 2. ENCROACHMENT AUTHORIZATION. The City and Owners hereby approve the encroachment on the City's Right of Way for the construction and maintenance of a retaining wall as shown on the attached Exhibit "B." 3. CONSTRUCTION, MAINTENANCE AND REPAIR. Owners shall be solely responsible for all costs relating to the construction, maintenance, repair and replacement of the retaining wall, including any damage to the retaining wall caused in whole or in part by the City's use, maintenance, and repair of the street and utilities within its Right of Way area. This maintenance 1 192039v1 agreement is a personal obligation of Owners and shall be binding upon their heirs, successors and assigns. 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's Right of Way area, Owners, their heirs, successors and assigns, hereby agree to indemnify and hold the City harmless from all costs and expenses, claims and liability, including attorney's fees, relating to or arising out of this grant to Owners of permission to construct and maintain a retaining wall in the Right of Way. Owners further agree to indemnify and hold the City harmless from any damage caused to the Encroachment Area, including the retaining wall in the Encroachment Area, caused in whole or in part by the encroachment into the City's Right of Way area and the City's use of its Right of Way. 5. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the Owners of the subject property thirty (30) days advance written notice. The Owners shall remove the retaining wall and sign to the effective date of the termination of this Agreement. If the Owners fail to do so, the City may remove the retaining wall. 6. RECORDING. This Agreement shall be recorded against the title to the subject property. CITY OF EDINA BY: James Hovland, Mayor AND Scott Neal, City Manager ivg \rnok STATE OF MINXES0-T-ANd ) cLikak, ( ss. COUNTY OF RENNTENN-y) The foregoing instrument was acknowledged before me this /1 1.4 day of , 20 by James Hovland and by Scott Neal, respectively the Mayor and City 2 192039v1 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. ti otary Public CHANICHI CHANELLE CALZO Notary Public-State of Nevada Appointment No. 22-7289-01 My Appointment Expires April 19, 2026 OWNERS: (Ja AM/kON STATE OFAIENPINESE9-T-A ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ;it1 20 eZ,f , by -(5;1,54 ( Rol lc.46, , husband and wife. p114 day of and Notary Public DRAFTED BY: CAMPBELL KNUTSON, P.A. 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (612) 452-5000 [RNK] 3 192039v1 SHEET 1 OF 2 lakimo• Gi ite R U 5000 GLENWOOD AVENUE GOLDEN VALLEY, MN 55422 CivilSiteGroup.com Drawn By:TH Project No. 24194 MINNESOTA CERTIFICATION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws State of Minnesota. Dated this 15th day of August, 202 • Rory L. Synstelien Minnesota License o. 44565 Exhibit A- Retaining Wall Easement- 6716 Arrowhead Pass Replat of Lot 3, McCauley Heights First Addition City of Edina, Hennepin County, Minnesota RETAINING WALL EASEMENT DESCRIPTION An easement for retaining wall purposes over, under and across a portion of Arrowhead Pass right of way, as dedicated in the REPLAT OF LOT 3, McCAULEY HEIGHTS FIRST ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Said easement consists of two parcels of land, each being a 4.00 foot wide strip, the centerlines of which are described as follows: CENTER LINE OF EASEMENT PARCEL A DESCRIPTION: Beginning at the point of intersection of the easterly curved line of Lot 1, Block 1, said REPLAT OF LOT 3, McCAULEY HEIGHTS FIRST ADDITION and a line drawn parallel with and distant 2.65 feet northwesterly from the northeasterly extension of the most southeasterly line of said Lot 1, as measured at a right angle to said northeasterly extension; thence northeasterly along said parallel line for 14.00 feet, and said center line there terminating. CENTER LINE OF EASEMENT PARCEL B DESCRIPTION: Beginning at the point of intersection of said easterly curved line of Lot 1 and a line drawn parallel with and distant 34.93 feet northwesterly from said northeasterly extension of the most southeasterly line of Lot 1, as measured at a right angle to said northeasterly extension; thence northeasterly along said parallel line for 12.00 feet, and said center line there terminating. The sidelines of said easement parcels shall be prolonged or shortened to begin on said easterly curved line of Lot 1. / ..., \ / / / (t?' •<• \ 9 • •Z` /\'' z u\v i .0, • '/-* ____- b 4C\ , o (.3, • ., ./' 7 \ \\ * 1) ) \ / I / 1 'ce' / cp \ , - / CS ) • e ,,,,.• „\v-s,„•5) `21S \ 1160 ' V -\ , c-'`(-) o• c\ /--- / / \ v </ , V ts, - %./ • • /, Y , IS 1 / < ( v I Y • • I , . . . • • t• i , ) , I,^ • ••\,1\sy (-4 1) , , •\.< • < , 55 V • I • 1 • • ,v <- •• v < I • v • ) v ) / Sc '8\ .\q e .2,8c\/ / ° •4` o'z' , ,c ,>-- o e 64 <C\ (<, . •> cb*' / / / • '1•:::•!::-F• Alamo G R o U P 5000 GLENWOOD AVENUE GOLDEN VALLEY, MN 55422 CivilSiteGroup.com Drawn By:TH Project No. 24194 SHEET 2 OF 2 •••••:.*". te MINNESOTA CERTIFICATION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the lawsy he State of Minnesota. Dated this 15th day of August, 202 Rory L. Synstelien Minnesota Lice o. 44565 0 20 40 SCALE IN FEET Exhibit B- Retaining Wall Easement- 6716 Arrowhead Pass Replat of Lot 3, McCauley Heights First Addition City of Edina, Hennepin County, Minnesota