905 Oakwood Heights Cir - Encroachment Agreement 6/14/2012Receipt#: 209306
ABSTRACT FEE $46.00
Return to:
DOUGHERTY MOLENDA
7300 WEST 147TH STREET
STE 600
APPLE VALLEY, MN 55124
2874202
llOIEIIIIIIII
Recorded on 6/14/2012 10:21:32AM
By. STG, Deputy
Joel T. Beckman County Recorder
Dakota County, MN
16(
ENCROACHMENT AGREEMENT
This Encroachment Agreement ( "Agreement ") is made and entered into this 9 day of
hIA , 2012, by and between the City of Eagan, a Minnesota municipal corporation
(the "City "), and Andre B. Montgomery and Julianne V. Montgomery, husband and wife
( "Montgomery "); Chad W. Jeske and Crista J. Jeske, husband and wife ( "Jeske "); Lynn R.
Klocek, a single person, ( "Klocek "); John A. Henderson, a single person ( "Henderson "); Todd S.
Petersen, a single person ( "Petersen "); Cornelius K. Hetherington, a single person
( "Hetherington "); and Gregory P. Stewart and Kari K. Stewart, husband and wife ( "Stewart").
Montgomery, Jeske, Klocek, Henderson, Petersen Hetherington and Stewart are hereinafter
collectively referred to as the "Landowners." Landowners and the City are collectively referred
to as the "Parties."
and
and
and
LOT 1, BLOCK 1, OAKWOOD HEIGHTS 3 ADDITION
WHEREAS, Montgomery is the fee owner of Condominium Unit No. 1 of CIC Plat 287;
WHEREAS, Jeske is the fee owner of Condominium Unit No. 2 of CIC Plat 287; and
WHEREAS, Klocek is the fee owner of Condominium Unit No. 3 of CIC Plat 287; and
WHEREAS, Henderson is the fee owner of Condominium Unit No. 4 of CIC Plat 287;
WHEREAS, Petersen is the fee owner of Condominium Unit No. 5 of CIC Plat 287; and
WHEREAS, Hetherington is the fee owner of Condominium Unit No. 6 of CIC Plat 287;
WHEREAS, Stewart is the fee owner of Condominium Unit No. 7 of CIC Plat 287.
WHEREAS, the Landowners have an interest in the common area of the CIC Plat 287
known as Lot 1, Block 1, Oakwood Heights 3 Addition (hereinafter the "Property"); and
WHEREAS, Landowners desire to construct a residential deck with structural footings on
a portion of the Property (hereinafter the "Improvements "); and
WHEREAS, in order to construct the Improvements, it is necessary for the Landowners
to encroach within certain dedicated public drainage and utility easements (the "Easement ")
granted in favor of the City on the Property; and
WHEREAS, Dakota Electric Association obtained a permit from the City and constructed
an electrical line within the Easement that may be impacted by the Improvements; and
WHEREAS, the City is willing to allow Landowners to encroach within the Easement, as
more particularly set forth on Exhibit "A" attached hereto, all upon the terms and conditions
contained herein:
1. ENCROACHMENT. The City hereby authorizes Landowners to construct,
maintain and repair the Improvements within the Easement.
2. No WAIVER. Nothing in the Agreement shall be deemed a waiver or
abandonment of the City's or Dakota Electric's rights in the Easement.
3. COSTS. The Landowners shall be responsible for all costs relating to the
construction, maintenance and repair of the Improvements.
4. ASSUMPTION OF RISK. Landowners acknowledge that the construction of
the Improvements within the Easement may impact future maintenance,
repairs and/or replacement of the utility lines within the Easement,
including that utility line owned by Dakota Electric, and it may require
extraordinary efforts with related expenses and possibly damage the
Improvements. By entering into this Agreement, Landowners
acknowledge that placement of the Improvements within the Easement is
at their own risk and Landowners assume any and all damage and/or
liability that may result from any work performed by the City, Dakota
Electric and /or any other agents within the Easement. Landowners agree
not to pursue any claim against the City, Dakota Electric or their
respective contractors and agents for any damage to the Improvements or
any buildings located on the Property resulting from any activity
performed within the Easement.
5. MAINTENANCE. The Landowners shall maintain the Improvements in a
safe and aesthetically pleasing condition. No advertising or posting shall
be permitted upon the Improvements.
2
6. INSURANCE AND INDEMNIFICATION. The Landowners shall maintain
comprehensive liability insurance in an amount acceptable to the City
Attorney. The Landowners shall name the City as an additional insured
on the policy and shall provide a copy of the insurance certificate to the
City contemporaneously with the execution of this Agreement. The
Landowners shall indemnify and hold the City and its employees, agents
and contractors harmless from (i) any and all claims arising out of or
related to use by Landowners, their guests or invitees of that portion of the
Easement on which Landowners have or will construct Improvements, and
(ii) any and all claims arising out of or related to the maintenance of the
Easement by the City or its employees, agents or contractors, including,
without limitation, damage to the Improvements caused by their
equipment.
7. DEFAULT. If the Landowners fail to take any action required in connection
with this Agreement, the City will provide a written notice of default to
the Landowners giving Owner a 30 -day cure period. Notice need not be
given in the event emergency repairs are needed. After the 30 -day cure
period, the City may take action and bill the Landowners for the costs
thereof. If the Landowners fail to reimburse the City for the costs thereof
within ten (10) days after receipt of the bill, the City may take any action
permitted by law to collect the amount owed plus the costs of collection,
including, but not limited to attorneys' fees.
8. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph
or phrase of this agreement is for any reason held to be invalid, such
decision shall not affect the validity of the remaining portion of this
Agreement.
9. BINDING AGREEMENT. The Parties mutually recognize and agree that all
terms and conditions of this recordable agreement shall run with the land
herein described and shall be binding upon the successors and assigns of
the parties hereto.
3
CITY OF EAGAN
By:
Mike Maguire
Its: Mayor
/1
itt(
By:
Christina M. Scipioni
its: ; Clerk
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 15 day of
, 2012, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of
the Ci of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation.
C , ))1'
Notary Public
4
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
LYNN R. KLOCEK
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan 31. 2015
M
Andre B. Montgomery
The foregoing instrument was acknowledged before me this /D day of
, 2012, by Andre B. Montgomery and Julianne V. Montgomery, husband
and wife
5
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
LYNN R. KLOCEK
NOTARY PUBLIC- MINNESOTA
My Commission Expires Jan 3t 20t5
to
Chad W. eske
Crista J. Jeske
The foregoing instrument was acknowledged before me this /l day of
.w , 2012, by Chad W. Jeske and Crista J. Jeske, husband and wife.
Notar)f
6
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
Lynn R . Klocek
The foregoing instrument was acknowledged before me this day of
V1 1 , 2012, by Lynn R. Klocek, a single person.
Notary Public
GINA M. BALLWEBER
Notary Public- Minnesota
My Commission Expires Jan 31, 2013
7
LYNN R. KLOCEK
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan 31 2015
w ■
8
Jolt` A. H &nderson
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this /0 t day of
.11 , -4Itej
, 2012, by John A. Henderson, a single person.
Notary Public
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2012, by Todd S. Petersen, a single person.
LYNN R. KLOCEK
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan 31. 2015
w
r
odd S. Petersen
Notary`Public
9
STATE OF MINNESOTA)
)ss.
LYNN R. KLOCEK
NOTARY PUBLIC- MINNESOTA
My Commission Expires Jan 31. 2015
w
Cornelius K. Hetherington
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this /� day of
, 2012, by Cornelius K. Hetherington, a single person.
10
LYNN R. KLOCEK
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan 31 2015
■
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY &
MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432 -3136
(RBB: 206 -4768)
Kari K. Stewart
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this /0 of
/ , 2012, by Gregory P. Stewart and Kari K. Stewart, husband and wife.
"Public
11
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