CCP 11-12-2014 - Laserfiche WebLink

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ENCROACHMENT LICENSE AGREEMENT FOR MONUMENT AND LANDSCAPING AGREEMENT made this day of , 2014, by and between the City of New Brighton, a Minnesota municipal corporation ( "City"), Pulte Homes of Minnesota LLC, a Minnesota limited liability company ( "Owner "), Enclave at New Brighton Exchange Master Association, a Minnesota nonprofit corporation (the "Master Association "), and Enclave at New Brighton Exchange Single Family Association, a Minnesota nonprofit corporation (the "Single Family Association"). RECITALS A. Owner owns real property in the City of New Brighton, County of Ramsey, State of Minnesota, legally described as described on attached Exhibit A ( "Subject Property "). B. The City is the local road authority controlling right -of -way adjacent to the Subject Property. C. Owner intends to subject the portion of the Subject Property legally described on Exhibit A to a declaration establishing the Enclave at New Brighton Exchange Master Association (the "Master Association Property "). Owner has incorporated the Master Association to undertake certain activities with respect to the Master Association Property as described herein and in the Master Association's Bylaws. D. Owner intends to subject the portion of the Subject Property legally described on Exhibit B to a declaration establishing the Enclave at New Brighton Exchange community (the "Single Family Property "). Owner has incorporated the Single Family Association to undertake certain activities with respect to the Single Family Property as described herein and in the Single Family's Association's Bylaws. E. Owner is proposing to construct a monument, landscaping and an underground sprinkler system to serve the landscaping within the City's right -of -way (within 14" Street Northwest and Northwest Parkway) as depicted on Exhibit C (the `Encroachment Area "). F. The Master Association will maintain the monument, landscaping and related underground sprinkler system located within the 14th Street Northwest right -of -way. G. The Single Family Association will maintain the landscaping and related underground sprinkler system located within the Northwest Parkway right -of -way. NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed by the parties as follows: 1. Encroachment Authorization. The City hereby approves the encroachment on its right -of -way and grants a non - exclusive license to the Owner, the Master Association, and the Single Family Association, and their employees, guests, and invitees, for the construction, 449236v2 NE136 -8 6405221v5