License of Encroachment - 4000 Sunset Drive - 3/20/2023 (top 3 inches reserved for recording data)
LICENSE OF ENCROACHMENT
>�(� THIS LICENSE OF ENCROACHMENT ("License"), made effective as of this day of
\G,CL 2023, is entered into by and between the CITY OF SPRING PARK, a Minnesota municipal
corporation, whose address is 4349 Warren Avenue, Spring Park, Minnesota 55384 ("CITY"), and LAKE
MINNETONKA CONDOS LLC, a Minnesota limited liability company, whose mailing address is 4823 Twin Lake
Avenue North, Brooklyn Center, Minnesota 55429("LMC"). CITY and LMC may hereinafter be referred to individually
as a"Party"and collectively as the"Parties".
RECITALS:
A. LMC is the fee owner of certain real property commonly known as 4000 Sunset Drive, Spring Park,
Hennepin County, Minnesota 55384, as legally described on Exhibit A attached hereto and made a part hereof(the
"Property"); and
B. CITY is the fee owner of the platted right-of-way(the"ROW")legally described in Exhibit B attached
hereto and incorporated herein and as depicted on the Certificate of Survey prepared by Sambatek dated September
6, 2022 (the"Survey")attached hereto and incorporated herein as Exhibit C.
C. A two story, two-family residence (the "Residence"), with an attached stairway and landing, a
retaining wall, and other structures as depicted on the survey are situated on the Property and will be improved
substantially as depicted in Exhibit D attached hereto and incorporated herein (collectively,the"Improvements").
D. The Residence as currently situated encroaches upon the ROW as depicted on the Survey.
E. LMC desires to obtain CITY's consent to construct the Improvements, and use, maintain and repair
that portion of the Residence that encroaches into the ROW, and CITY is willing to allow the same, but only to the
extent consistent with the terms of this License.
F. LMC and CITY wish to resolve and settle any claims related to the location, use, and maintenance
of the Residence, Improvements, and ROW.
NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, and other good and
valuable consideration, the sufficiency of which is hereby acknowledged by the parties hereto, the parties agree as
follows:
AGREEMENT:
1. Recitals. The foregoing Recitals are true and correct and incorporated into the substantive body of
this License as though fully set forth here.
2. Encroachment Permitted; License Granted; Consent to Improvements. CITY hereby grants to LMC
a license for the continued location,use,maintenance and repair of the Residence and any existing bituminous surface
or other portion of the Residence that encroaches in the ROW("Approved Encroachment"),This License constitutes
a license to locate,construct, use, maintain and repair the Approved Encroachments only and does not authorize an
expansion of the Residence outside of the Approved Encroachment.The rights granted under this License do not rise
to the level of a real property interest in or to the ROW. The License granted hereby shall be irrevocable except as
specifically provided in Section 8.The City further hereby consents to the construction of the Improvements.
3. Intentionally Omitted.
4. Maintenance; Repair. LMC agrees, at its sole cost and expense, to use, maintain and repair the
Residence, including the Improvements, in a manner consistent with all applicable laws,codes, and regulations.CITY
shall maintain the ROW in a safe condition at all times,and enforce proper use of the ROW incompliance with applicable
law.
5. No Other Encroachment Allowed. Except for the Approved Encroachment, LMC shall not create,
erect or construct any other encroachment on, above or below the surface of the ground on the ROW,or change the
grade or elevation of the ground surface on the ROW, or cause or permit any of these to be done by others.
6. Release;Indemnification. LMC hereby releases CITY, its representatives, employees and elected
and appointed officials from any and all damages,claims,or liability with respect to the Improvements that may arise
due to the CITY's and the public's use of the ROW or operation and maintenance of infrastructure within the ROW.
LMC agrees that it shall indemnify, hold harmless and defend CITY, its representatives, employees and elected and
appointed officials from and against all claims,damages,loss and expenses of any sort including reasonable attorney's
fees and court costs,arising out of or resulting from the use, maintenance and repair of the Improvements.
7. Settlement and Mutual Release. Except for any default under the terms of this License and for good
and valuable consideration exchanged in connection herewith, the receipt and sufficiency of which are hereby
acknowledged,LMC and CITY, and each of their respective representatives,employees,agents,successors,assigns,
and elected and appointed officials,hereby release and discharge each other from any and all claims,demands,actions
or causes of action of whatever kind,nature and description,whether known or unknown,as of and after the Effective
Date arising from any and all damages, claims, or liability with respect to the Parties' dispute regarding the location,
use, maintenance or repair of the ROW, Residence, and/or Improvements, It is expressly understood and agreed that
this Agreement is made in compromise of disputed and controverted claims, and that nothing contained herein shall
constitute or be deemed an admission of fault, liability,wrongdoing,or malfeasance of any kind,or as an admission of
the validity of the allegations,claims,or contentions of any Party.
8. Termination of License and Removal of Improvements, Upon the default by LMC under the terms
of this License, CITY retains the right to immediately revoke this License by notifying LMC in writing at the address
listed in the initial paragraph of this License. LMC shall remove the Improvements from the ROW within one hundred
eighty(180)days of the date of the written notice to LMC or, if removal is not feasible within such period, LMC shall
have diligently undertaken to effect removal within such period. If LMC fails to timely remove or undertake to remove
the Improvements from the ROW,as applicable,then CITY may remove same and charge the cost of removal to LMC.
Should LMC fail to pay the costs of CITY's removal of the Improvements with thirty(30)days of invoice therefor, CITY
may assess the costs against the Property pursuant to Minnesota Statutes Chapter 429. LMC acknowledges and
agrees that the exact amount of the assessment cannot be determined at the present time and waives any rights to
notice of a hearing and a hearing on the special assessment. LMC also waives all rights to an appeal or to otherwise
challenge the levy of a special assessment.LMC further agrees that any requirements of Minnesota Statutes Chapter
429 are waived to the extent such requirements are not met.
9. No Waiver by City., Nothing in this License shall be deemed a waiver by the City of any governmental
immunity defenses, statutory or otherwise. Any claims shall be subject to the City's governmental immunity defenses
and the maximum liability limits provided in Minnesota Statutes Chapter 466. This License shall not constitute a waiver
or an abandonment by the City of its property rights in the area in which the Approved Encroachment is located.
10. Binding Effect. This License shall be recorded and shall be binding upon the successors, heirs,
executors,administrators, representatives,or assigns of the parties hereto,and upon all persons acquiring an interest
thereunder and shall be a restrictive covenant running with the Property.
11. Controlling Laws. This License and the provisions contained herein shall be construed, controlled,
and interpreted according to the laws of the State of Minnesota, and all duly adopted ordinances, regulations, and
policies of CITY now in effect and those hereinafter adopted. The location for settlement of all claims,controversies,
disputes, arising out of or relating to any part of this License, or any breach hereof, shall be in Hennepin County,
Minnesota.
12. Savings Clause. If any sentence, phrase, paragraph, provision, or portion of this License is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed an
independent provision and such holding shall not affect the validity of the remaining portions hereto.
13. Attorney's Fees. LMC agrees that it shall be liable for reasonable attorney's fees incurred by CITY,
if CITY is required to take any actions,through litigation or otherwise, to terminate or enforce this License.
14. Entire Agreement. This License constitutes the entire agreement between the parties with respect
to the specific matters contained herein and supersedes all previous discussions, understandings, and agreements.
Any amendments to or waivers of the provisions herein shall be made by the parties in writing. No other agreements,
oral or otherwise, regarding the subject matter of this License shall be deemed to exist or to bind either party hereto.
15. Recording. LMC will record this License, at its expense, in the public land records of Hennepin
County, Minnesota,where it shall encumber the Property.
[Remainder of page intentionally blank;signature pages to follow]
IN WITNESS WHEREOF,the parties have executed this License on the day and year first written above.
LMC: LAKE MINNETONKA CONDOS LLC,
a Minnesota limited liability company
By:
Name. Joseph M. Cheney
Title: Sole Member
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
This License of Encroachment was acknowledged before me on this 61h day of March, 2023, by Joseph M. Cheney,
the sole member of Lake Minnetonka Condos LLC, a Minnesota limited liability company.
[Stamp] ) )� )4v
[Signature]
Title and Rank:JVTTHi
y pNOTARY PUBLIC M Commission Ex ires:
MI coffma w E�irat Jan 31,2028
Error! Unknown document property name.
EXHIBIT"A"
Legal Description of LMC's Property
That part of Lot 14, Skarp and Lindquist's Hazeldell Addition to Minnetonka described as follows:
Beginning at a point in the Southeasterly line of said Lot 14 distant 367 feet Northeasterly measured
along the Southeasterly line of said Lot 14 from the most Southerly corner thereof;thence North 55
degrees 22 minutes West to the shore of Lake Minnetonka;thence Northeasterly along the shore of
said lake to the most Northerly corner of Lot 14; thence Southeasterly along the Northeasterly line
of said Lot 14 to the most Easterly corner thereof;thence Southwesterly along the Southeasterly line
of said Lot 14 a distance of 48.5 feet; more or less to the point of beginning, Hennepin County,
Minnesota
PIN: 17-117-23-33-0031
EXHIBIT"B"
Legal Description of ROW
A 20 foot wide strip of land lying between Lots 13 and 14 as dedicated on the plat of SKARP&
LINDQUIST'S HAZELDELL ADDITION TO MINNETONKA, lying within the Southwest Quarter of
Section 17,Township 117,Range 23,Hennepin County,Minnesota,more particularly described as
follows:
Commencing at the South Quarter Comer of said Section 17;thence South 89 degrees 40 minutes 29
seconds West,assumed bearing along the south line of said Southwest Quarter of Section 17,a distance
of 2251.84 feet to Meander Corner 12;thence North 05 degrees 55 minutes 28 seconds West,a distance
of 1220.07 feet to a found magnetic nail at the intersection of the most southerly corner of the right of
way to be described and a point on the northwesterly right of way of Sunset Drive,as dedicated on said
plat and the point of beginning of the land to be described;thence North 58 degrees 16 minutes 33
seconds West,along the southwesterly line of said dedicated right of way,a distance of 142.57 feet to a
found half-inch iron pipe marked by Licensed Surveyor No. 17006;thence continuing North 58 degrees
16 minutes 33 seconds West, approximately 5 feet to the edge of water of Lake Minnetonka;thence
northeasterly along the edge of water of Lake Minnetonka,a distance of approximately 20.11 feet to the
intersection with the northeasterly line of said dedicated right of way being a line 20 feet northeasterly of
and parallel with the above described southwesterly right of way line;thence South 58 degrees 16 minutes
33 seconds East,along said northeasterly right of way line,approximately 7 feet to an iron pipe set and
marked by Licensed Surveyor No.43933;thence continuing South 58 degrees 16 minutes 33 seconds
East,a distance of 142.81 feet to a found half-inch iron pipe at the intersection of said northwesterly right
of way of Sunset Drive;thence South 32 degrees 04 minutes 23 seconds West,along said northwesterly
right of way line,a distance of 20.00 feet to the point of beginning and there terminating.
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ssa•s a,.r• _... �
Exhibit C "Depiction of ROW"
y��. ,aaa-ate ......-�• _ _ _ /
LAKE XANNETCNKA a —LEGEND
i
=m_ aewx_ f ♦ ''.,y'.� / •FOUND MONUMENT WATERMAIN -----EA 9MEW LINE
�/ a �•Ia / 0 SET MONUMENT ,—m SANITARY SEW ----SETBAOC LINE
MARKED 03933 STORM SEWER —.�RESTRICTED ACCESS
11 ELECTRIC METER ILIGHT • CONCRETE CURB g--- FLARED END SECTION
won wr waµwn .. /
0--Irt-11 TELEPHONE PEDESTAL LLL.GG BUILDING LINE
O AIR CONDITIONER
TELE E
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/ f� �•Sl' _ _ / 1—GUY �
ANCHOR 0 ELECTRIC BUILDING CANOPY
M op '••' LOT r- / �HANOIAPSTALL TPANSFOPMER rr '' STANDARD DUTY
tk I•„ b 3 GAS METER IJ ASPHALT PAVING
•POSTtt POLE -aP-0w—OVERHEAD WIRE BITUMINOUS
4ar�r/y w�� S6,•E.. „ / SIGN �—CHAIN LINK FENCE SURFACE
�•'�~ -F / —�—IRON FENCE CONCRETE/ Q r g4
/f ION ✓,�s• rwY�� 7e7J7 / —.—WIRE FENCE SURACE
IANFDSGPE�'' —•—WOOD FENCE
/ / •aV a,erw won�� / O SURFACE
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JJ
/ \\• / ? / =DESCRIPTION
%f / A20toot wide rolp of land lying Peweeo Lots 13 and le As dedicated on the plat of SKARPa
LINDQUISTS HAULDELLADDMONMMINNETONKAMnBwlthklthe Southwest Quarterof
\ / Section 17•Township 117.Ranee 23,Hennepin County,Minnesota,mor!parficulady
\ described as follows;
\ �!/ luwnr mnm riot / Commencing althe South Quarter German of said Section l7;thenroout Sh 89 degrees
/0mi—d.MsecPnds Wes6nso—cl kamgalongth,south Pne f.Ld Southwest
d• ,=;ti/ / Quarter of Section 17,a d1stan4 of 2251.841 feet to Meander Corner 12;thence North
OS degrees 55 minto N 28 seconds West a distance of 1220.07 feet to a found
\ /* magnetic nail al the intersection of the most southerly cornn of the right of way to be,
described and a Point on the n uthANsety right of way of Sunset Dri",as dedicated
\ an said Fait and the Point of Beginning of the land to be described,thence North 58
\ J yam•Ra / degrees 161ninnn,33 aeaulxls West slang tux southwesterly lire of said dedicated
\ �• �aF Hhht of way,A dst-•nce of 142.57 feet m a found halt-Inch ton pipe marked by
en
\ /wiwr��- I Ril•TAarF ' / Licxd SuneY No.17006;thence mMinukg Npnh 5g degrees i6 minutes 33
\ secandi West apP,otlmately S feet to the edge of water of take Minnetonka;thence
Hie edge of water o'Lake
20.1 feet W timaefly his M rsecdon with the nwtheasllnly Minnetonka.
of saki dedicated right iof way
y
• wa
\ ! Alt,• / south a line 20 feet northeasterly a and South
Si with the above deer 33
\ southwesterly right of way fine:thence Spurt Sit degrees lfi minutes 33 secontls East,
\ •; a•a•air r / along said northeasterly right of way Ilse,approalmately 7 feet to an iron pipe set and
\ , mArked b,Licensed Suaveyor No.43933,thence corRinui g South 58 degrees 16
ImeraeFdon of Ma mod,ae distance
nce of l'2.91 feet to a found half-inch Im,Pipe ae the
\ / mid-of ntetomN l�e South avMe,a
di�w�u a m 4 feet m—.no,
nda West along
nonnwesne 6
pokes or d there re,mmxm.
:PROPERTY SUMMARY
1 THE GROSS AREA OF THE SUBIECT PROPERTY 1S 0.066 ACRES OR 2,854 SQUARE FEET.
\ / r
\ / :OBSERVED POSSIBLE ENCROACHMENTS
\
1. WOODEN RETAINING WALL EXTENDS INTO RIG HT OF WAY
\ / i 2. BRICK PAVERS EXTEND INTO RIGHT OF WAY
3. BLOCK RETAKING WALLS EXTEND INTO RIGHT OF WAY
A. BUILDING OVERHANG EMENDS WTO RIGHTOF WAY
L / 5. WOOD RETAINING WALL EXTENDS INTO RIGHT OF WAY
6. BLOCK RETAINING WALL EMENDS INTO RIGHT OF WAY
1'/ LwM la•or =SURVEY NOTES
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1.THE BEADING SYSTEM IS BASED ON THE HENNE%N COUNTY CDORDI NATE SYSTEM,
2 fFIE DWORKI S WAS COMPLETED ON 06/22/1D22.
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"Exhibit D" Depiction of Improvements 2 �
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CITY: CITY OF SPRING PARK,
a Minnesota municipal corporation
By:
Jerome :" rry" Rockvam, Mayor
By:
ike Anderson, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
This License of Encroachment was acknowledged before me on thisday of rn44 2023,by Jerome
Rockvam and Mike Anderson, the Mayor and City Administrator, respectively of the City of Spring Park, a Minnesota
municipal corporation.
JAMIE K H FM
a Notary P m
state of Minnesota p
My Commission Expires [Signal ]
01/31/2026
Title and Rank:
My Commission Expires:
� 3
THIS INSTRUMENT WAS DRAFTED BY
AND WHEN RECORDED RETURN TO:
Kennedy&Graven, Chartered (MDT)
150 South Fifth Street, Suite 700
Minneapolis, MN 55402-1299
Error! Unknown document property name.
Quit Claim Deed
Deed Tax Due: $1.70 .�,`
ECRV number: Date:Ak*o 1 02/
This deed transfers Minnesota real property in exchange for consideration of less than$3,000.
FOR VALUABLE CONSIDERATION, the City of Spring Park, a Minnesota municipal
corporation ("Grantor"), hereby conveys and quitclaims to Lake Minnetonka Condos LLC, a
Minnesota limited liability company ("Grantee"), that certain real property in Hennepin County,
Minnesota, (PID No. 17-117-23-33-0031)legally described as:
That part of Lot 14, Skarp and Lindquist's Hazeldell Addition to Minnetonka
described as follows:
Beginning at a point in the Southeasterly line of said Lot 14 distant 367 feet
Northeasterly measured along the Southeasterly line of said Lot 14 from the most
Southerly corner thereof; thence North 55 degrees 22 minutes West to the shore of
Lake Minnetonka; thence Northeasterly along the shore of said lake to the most
Northerly corner of Lot 14; thence Southeasterly along the Northeasterly line of
said Lot 14 to the most Easterly corner thereof; thence Southwesterly along the
Southeasterly line of said Lot 14 a distance of 48.5 feet; more or less to the point
of beginning, Hennepin County, Minnesota.
Check here ifpart or all of the land is Registered(Torrens) O
Together with all hereditaments and appurtenances thereto, subject to easements of record.
(Signature page to follow.)
DOC SOPEN\SP275\8\844103.v 1-12/8/22
r
❑x The Seller certifies that the Seller does not GRANTOR:
know of any wells on the described real
property. City of Spring,
❑ A well disclosure certificate accompanies -
this document or has been electronically
filed. (If electronically filed,insert WDC
number: ), BY
❑ I am familiar with the property described rome�P�"Jerr�"'Rockvam, Mayor
in this instrument and I certify that the
status and number of wells on the
described real property have not changed By:
since the last previously filed well Mike Anderson,City Administrator
disclosure certificate.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
O
The foregoing was acknowledged before me thisak day of 4 womio r, teTr, by
Jerome Rockvam and Mike Anderson, Mayor and City Administrator,respectively, of the City of
Spring Park, a Minnesota municipal corporation, on behalf of the City as Grantor.
a. ' C HOFFMAN (qNA4TVPERSON TAK OWLEDGMENT
�r"�`'' ,• Notary Public
�^x State of Minnesota
T
My Commission Expires
01/31/2026
This instrument was drafted by: Tax Statements should be sent to:
Kennedy&Graven, Chartered Lake Minnetonka Condos,LLC
150 South Fifth Street, Suite 700 Attn: Joseph Cheney
Minneapolis, MN 55402 4823 Twin Lake Avenue North
(612) 337-9300 Brooklet Center, MN 55429
DOC SOPEN\SP275\8\844103.v 1-12/8/22