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LAND TYPE Abstract (A)
DOC NUM 11362250
Certified, filed and/or recorded on
Apr 15, 2025 9:48 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 125 Pkg ID 2775265E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this /sr day of Apd , 2025, by and between the
CITY OF EDINA, a Minnesota municipal corporation ("City"), and BRENNAN GALLOWAY
and JENNIFER GALLOWAY, spouses married to each other, as joint tenants ("Owners").
1. BACKGROUND. Owners are the fee owners of certain property located in the City
of Edina, County of Hennepin, State of Minnesota legally described as follows:
Parcel ID No. 18-028-24-13-0140
Lot 1, Block 14, except street, Country Club District Fairway Section,
Hennepin County, Minnesota, according to the recorded plat thereof.
having a street address of 4914 Bruce Avenue, Edina, MN 55424 ("Subject Property"). The City
owns easements for right of way purposes over portions of the subject property ("Easement
Areas"). Owners desire to replace and extend the existing roadside fence (collectively the
"Improvements") on the Subject Property which will encroach on the City's Easement Areas
as legally described and depicted on the attached Exhibit "A".
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment of the Improvements in its Easement Areas on the Subject Property subject to the
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conditions set forth in this Agreement. Further conditions of encroachment approval are:
• Owner of the Subject Property shall own and maintain the Improvements
located within the City's Easement Areas.
• The City and its permittees, including but not limited to, gas, electric, cable,
fiber optic utilities, or any other entity eligible for a right-of-way permit from
the City to work within the City's Easement Areas, shall have no
responsibility to maintain or repair the Improvements located within the
City's Easement Areas including snow removal.
• The Improvements located within the City's Easement Areas on the Subject
Property must not impact or increase water drainage on the abutting
properties or cause any adverse drainage patterns or erosionto the abutting
properties.
• Owners agree that the Improvements shall be constructed consistent
with all applicable federal, state and local laws and regulations.
• The City shall continue to have access to the Improvements for right of way
maintenance operations.
3. MAINTENANCE. Owners shall be responsible for all costs relating to
construction, reconstruction, maintenance, and repair of such Improvements. This maintenance
agreement is a personal obligation of the Owners and shall be binding upon the heirs, executors,
administrators, successors, and assigns of the Owners.
4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's Easement Areas, the Owners, for themselves, their heirs, executors,
administrators, successors and assigns, hereby agree to indemnify and hold the City harmless from
any damage caused to the Subject Property, including the Improvements in the Easement Areas,
all costs and expenses, claims and liability, including attorney's fees, caused in whole or in part by
the encroachment into the City's Easement Areas, for the access, use, maintenance, and operation,
of the Improvements.
5. TERMINATION. The City may terminate this Agreement at any time if it is
reasonably necessary if the City determines that the Improvements interfere with the access, use,
maintenance or repair of existing facilities within the City's Easement Areas and the Improvements
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are inconsistent with the City's use of the easement. Prior to termination, the City will give the
then Owners 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 Owner shall remove that portion of the
Improvements to the extent it impacts the Easement Areas to the effective date of the .termination
of this Agreement. If the Owners fail to do so, the City may remove the Improvements and charge
the cost of removal back to the Owner. Further, Owners consent to the City levying an assessment
against the Subject Property for the City's costs.
6. RECORDING. This Agreement shall be recorded against the title to the Subject
Property.
[Remainder of page intentionally left blank.
Signature pages follow.]
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CITY OF E
y Managpr
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN )
.-.
ike:, 1 i "se el v- c.-- 2025, by James Hovland and by Scott Neal, respectively the Mayor and
City Manager of the City of Edina, a Minnesota'Mniiicipakcorporation, on behalf of the
corporation and pursuant to the authority grauted-bkitIgityito).Tiail,
k\.
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Notar?PiitifC V
( instrument / 121- foregoing this day of was acknowledged before me
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Notary Public
TRYG D. JOHNSON
NOMY PUBUCAONNESOTA
My Commission Expires Jan, Si, 2027
LOVVV \OMR..
TRYG D. JOHNSON
NOW PUBLIC - MIMES=
My Commission Expires Jen. 31.2027
PROPERTY OWNERS:
Brennan Galloway
Jennifer Galloway
STATE OF MINNESOTA )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this 2 S~day of M-6_,LL
2025, by Brennan Galloway, spouse to Jennifer.Galloway.
STATE OF MINNESOTA )
)ss.
COUNTY OF 13v2,,uvect,,,, )
The foregoing instrument was acknowledged before me this 7-0V, day of Pill.,
2025, by Jennifer Galloway, spouse to Brennan Galloway.
DRAFTED BY:
CAMPBELL KNUTSON
Professional association
Grand Oak Office center I
860 Blue Gentian Road, #290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
DSK/mew
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EXHIBIT "A"
Page 1 of 2
A strip of land 7 feet in width, the south line of said strip is described below:
Commencing at the southwest corner of Lot 1, Block 14, Country Club District Fairway
Section, Hennepin County Minnesota, according to the recorded plat thereof. Thence;
east along the south line of said lot on an assumed bearing of North 89 degrees 31 minutes
00 seconds West a distance of 94 feet and there terminating.
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EXHIBIT "A"
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