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3255 Neil Armstrong Blvd - Encroachment Agreement ��� _ � � ,�� = � - ���������"� �s� � . � '���'� r. � �, �a � `�� � ` ° - ��� ,�-, � � u, �e��. . . �,,�.� .� r .r�. �t�,�p��N � �F�i*�'����4�P�avq ull� c�'� ,. h b. d A �..`. ' t� �; � .����N��'� . � , y i � .`,k � ,�5 � � � � ' r�€�, w�� � :�'� ; ^E ��` �y � �����t'. . ���tyfi:�:, � A. .S� firc-'r ��,� 4 3��.i.� _ - >. . A-T s� -.:3`�:6 "�r? �.` ''� , u�� ���;�";��� x�`w, .... �x ENCROACHMENT AGREEMENT This Encroachxnent Agreement ("Agreement") is made and entered into this��day of ��C':������-�, 2014, by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and Liberty Property Limited Partnership, a Pennsylvania limited partnership (the"Owner"). The City and Owner are hereinafter referred to as the "Parties." WHEREAS, the Owner is the fee owner of certain property located in the City of Eagan, County of Dakota, State of Minnesota,described as follows,to-wit: Lot 3, Block 1, according to the plat of EAGANDALE CORPORATE CENTER on file and of record in the office of the County Recorder in and for Dakota County Minnesota(hereinafter the"Property"); and WHEREAS,the City has an easement over a portion of the Property described as: A perpetual easement for roadway and utility purposes over, under, and across that part of the above described Lot 3 which lies westerly and southerly of the following described Line A. Line A is described as beginning at a point in the north line of said lot distant 5 feet east of the northwest corner thereof; thence south parallel with the west line thereof 100 feet; thence southerly to a point 17 feet east of said west line and 450 feet south of the north line of said lot; thence south parallel with said west line 275 feet to a point hereinafter referred to as Point X; thence southeasterly, deflecting 45 degrees to the left 53.73 feet; thence easterly, deflecting 45 degrees to the left,to a point in the southerly line of said lot and said line there terminating(hereinafter the"Easement"); and WHEREAS, the Owner desires to construct a security fence (the "Improvement") within the Easement and adjacent to Lexington Avenue; and WHEREAS, in connection with placement of the Improvement, it is necessary for the Owner to encroach within the Easement; and WHEREAS,the City is willing to allow Owner to encroach within the Easement all upon the terms and conditions contained herein: NOW,THEREFORE,the City and Owner agree as follows: 1. ENCROACHMENT. The City hereby authorizes Owner to construct, maintain and repair the Improvement within the Easement. � fi� 2. No WArvER. Nothing in the Agreement shall be deemed a waiver or abandonment of the City's rights in the Easement. 3. CosTS. The Owner shall be responsible far all costs relating to the construction,maintenance and repair of the Improvement. 4. ASSim�PT�o1v oF R�sx. Owner acknowledges that the future maintenance, repairs and/or replacement of utility lines within the Easement could possibly damage the Improvement. By entering into this Agreement, Owner assumes the risk of any and all damage to the Improvement that may result from any work performed by the City and/or its agents within the Easement. 5. DEFAULT. If the Owner fails to take any action required in connection with this Agreement, the City will provide a written notice of default to the Owner 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 Owner for the costs thereof. If the Owner fails 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. 6. NoTICES. All written communications shall be directed as follows: If to Owner: Liberty Property Limited Partnership Attn: Legal Department 500 Cheste�eld Parkway Malvern,PA 19355 With a copy to: Liberty Property Limited Partnership Attn: Ci�y�Manager D� U��., 1 Minneapolis, ;�,yy If to City: City of Eagan Attn: Aaron Nelson,Assistant City Engineer 3830 Pilot Knob Road Eagan,MN 55122-1810 With a copy to: Robert B. Bauer, City Attorney Dougherty,Molenda, Solfest,Hills&Bauer P.A. 7300 West 147`h Street, Suite 600 Apple Valley,MN 55124 2 � . . 7. VAL�D��. 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 8. BnvDnvG AG�EMENT. 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 hereta 9. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. City of Eagan Owner: B : �� ' Libe Pro ert Limited Partnershi Y rtY P Y P l�fike Magaire Its: Mavar By: Liberty Property Trust, its sole general partner �y�: �%��-- --� � Cbristina.Nl. �ci�ioni ' � , G �is: Clerk B � � ' y: C�%- � /�——�;' David M f Jellis¢n Its: Vice�resident, City Manager STATE OF MINNESOTA) � )ss. ` COUNTY OF DAKOTA ) The foregoing insmzment was acknowledged before me this �1� day of �R,r^ ,2014,by Mike Maguire and Christina M. Scipioni,the Mayor and Clerk of the City of Eagan,a Minnesota municipal corporation,on behalf of the municipal corporation. y f _, �`�' MELISSA G.TIMM Notary blic ' " NQTP,RY?UBLIC-MINNESOTA �'� Cornmission Expires Jan.31,2015 �+ii'si.° �/ . 3 . . � STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) � The foregoing instrument was acknowledged befare me this �J��� day of l� , 2014, by David M. Jellison, the Vice President and City Manager of Liberty Property Trust, a Maryland real estate investrnent trust, the General Partner of Liberty Properly Limited Partnership, a Pennsylvania limited partnership, on behalf of the limited partnership. Nota Public JORaAN MA�PA��N �-�r:<.,ol.►Bl{C �` } ,�.?7A THIS INSTRUMENT WAS DRAFTED BY: .Y' � _ -:;�,, ,,,;;yan.31,2018 DOUGHERTY, MOLENDA, SOLFEST �j=� s""' ;,;�.:. HILLS &BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley,MN 55124 - (952)432-3136 (RBB: 206-34827) LIBERTY PROPERTY TRUST Kristi A. Zelenka, RPA PROPERTY MANAGER �i kzelenka@libertyproperty.com � T 952.833.5a56 M 952.240.8118 ' 10400 Viking Drive,Suite 130 I Eden Prairie,MN 55344 4