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4824 Shevlin Ct - Encroachment Agreement - 5-8-19 Receipt:#614402 3315458 AGREE $46.00 111111110111 0111MIIMMIN Return to: SIMPLIFILE 5072 NORTH 300 W Recorded on:7/17/2019 3:11 PM By:DRA,Deputy PROVO UT 84604 Office of the County Recorder Dakota County,Minnesota Amy A.Koethe,County Recorder ENCROACHMENT AGREEMENT • THIS ENCROACHMENT AGREEMENT ("Agreement") is made as of the eiLday of 1\4a _j , 2019, by and between the City of Eagan, a Minnesota municipalcorporation, (the "City")and Kevin R. Pyles and Jenne V. Pyles, husband and wife (the "Owners"). The City and Owners are sometimes hereinafter referred to as the"Parties." WHEREAS, the Owners are the fee title holders of real property legally described as follows: Lot 14, Block 1, Brittany 4th Addition, according to the recorded plat thereof, Dakota County,Minnesota, (the"Property");and WHEREAS, the City is the holder of a drainage and utility easement over, under and across certain portions of the Property as depicted on the plat of Brittany 4th Addition and the additional drainage and utility easement granted to the City by the Owners (collectively the "Easement");and WHEREAS, the Owners desire to maintain portions of the existing house and landscaping in the City's Easement (collectively the "Improvements") where currently located within the Easement on the south side of the Property as depicted on Exhibit "A" attached hereto and incorporated herein (the"Encroachment Area"); NOW,THEREFORE,the parties hereto agree as follows: 1. ENCROACHMENT. The City hereby authorizes the Owners to maintain the Improvements within the Encroachment Area. This Agreement does not convey to the Owners any title, interest or rights or otherwise limit the City's Easement. The Owners may not expand the encroachment onto other areas of the Easement. 2. NO WAIVER. Nothing contained in this Agreement shall be deemed a waiver or abandonment of the City's rights in the Easement nor shall anything contained herein affect the right of the City, its contractors, agents and servants to enter upon the Easement at all reasonable 1 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 0 day of 7)1 2019, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of E an, a Minnesota municipal corporation, on behalf of the municipal corporation. ti r STATE OF MINNESOTA ,,v�ii,, ` .A • E TUMINI ��k''''f .j NotaryPublic-Minnesota )SS. ` My Commission Expires Jan 31.2021 COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this -74day of g g g , 2019,by Jenne V.Pyles,married to Kevin R.Pyles. A,::` ,L.,0„0,;..-,-.._.,.:✓`-,^_��-JF/.F. -,.11/.,.6 °� '. .TUNE t,.LANG , dill, i ' c;.?4 s ' NOTARY PUBLIC-MINNESOTA Olic'4 `f',.°My CoRrnission Expires Jan.31,2020 Notary STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this Ekia1/4- day of (bail ,2019,by Kevin R. Pyles,married to Jenne V. Pyles. if .. 4 Z.1i-Or a ELlSSA CHRlSTOPHERSON ry .r �-� ota Pub is / ``_ :� :1_07ART PUBLIC-MINNESOTAommslon Expo Jen.31 �.�;_ ,2023 ,-�f'i'�i-ice.✓��f,✓✓"i—✓,/I,..yf yl✓i'„A This instrument was drafted by: : � Dougherty,MoIenda, Solfest, Hills&Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley,MN 55124 (952)432-3136 SAL(206-35437) 4 • i EXHIBIT "A" // F _r— ill i i g i: ..„-----ox c. swarms aso . PI!,, t it ft 1 i ili i#.1 i ." i sh tF.il ` r __ k'_".,." _ _, _ igi : t i_ �....tf �— i E �ao�Iae�1__. r,• — ncwsl k I , _ y • if ill iii Hip f t! I a I.*.1 I , i IL'. -...,\,...„.,r.,, 1 It . 1! i!il 11" 1 i i i aft' 1 ,$i ri 1 ` : ' X13 ! 4# 1 i � l ► I s R te? ! — I, t s a s I 1 I I ; P1P;_t 1 1 L� , 1 1 ;; ! -=- I I I t' at is- ail I 1 `i fa ' .1I 3i! .i gi rf ( I c7 -0i ,\ I io ilitlis4cic't• ' i r- 9 i 4 i 1, ° I I Iit 1 ii 1 ti I 1 I I �t t..)till 1 tl 6'E f i $ , I I I l e I t 1: t #t — ; times to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains, and the further right to remove obstructions, including the Improvements. 3. DAMAGE. The Owners shall not cause any damage to any existing or future utilities located within the Easement and shall be responsible for any such damage caused by the Owners or by the Owners' guests or invitees. 4. INDEMNIFICATION. The Owners shall indemnify and hold the City and its officers, employees, agents, representatives, attorneys, successors and assigns harmless from any and all claims arising out of or related to (i) the installation, use, maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury to the Owners or any third party caused by or related to the Improvements, and (iii) damage to real property or personal property of the Owners or any third party caused by or related to the Improvements. 5. MAINTENANCE. The Owners agree to maintain the Improvements in accordance with all applicable laws, ordinances and regulations, including but not limited to the City zoning ordinance, building code, fire code and construction standards. If the City determines, in the City's sole discretion, that the Improvements have not been properly constructed or maintained, upon request of the City, the Owners shall immediately remove the Improvements from the Easement and restore the Easement to the condition as it existed prior to the construction of the Improvements, at the Owners' sole cost and expense. If the Owners fail to timely remove the Improvements and restore the Easement as required herein, the City may remove the Improvements and restore the Easement to the condition as it existed prior to the construction of the Improvements, without any obligation or liability to the Owners, and at the Owners' sole cost and expense, including but not limited to material, labor, and costs of collection, including but not limited to attorneys'fees. 6. ASSUMPTION OF RISK. Owner acknowledges that the future maintenance, repairs and/or replacement of the utility lines within the Easement could possibly damage the Improvements. By entering into this Agreement, Owner assumes the risk of any and all damage to the Improvements that may result from any work performed by the City and/or its agents within the Easement. 7. 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. 8. TERMINATION. The City may terminate this Agreement at any time by giving written notice of termination to the Owners at least thirty (30) days prior to the effective date of the termination. Upon termination of this Agreement, the Owners shall immediately remove the Improvements from the Easement and restore the Easement to the condition as it existed prior to the construction of the Improvements. if the Owners fail to remove the Improvements and 2 restore the Easement as required herein within thirty (30) days after termination of this Agreement, weather permitting, the City may remove the Improvements and restore the Easement to the condition as it existed prior to the construction of the Improvements, without any obligation or liability to the Owners, and at the Owners' sole cost and expense, including but not limited to material, labor, and costs of collection,including but not limited to attorneys'fees. 9. COSTS. The Owners shall be responsible for all costs associated with this Agreement. Within thirty(30)days after presentation of a detailed invoice therefore,the Owners shall pay or reimburse the City for all costs and expenses that the Owners are obligated to pay under this Agreement. If the Owners fail to pay the invoice, such charges shall become part of the City assessments, and the City shall include such assessments as part of the real estate taxes due and payable with respect to the Property. The Owners waive any rights to hearings or notice of hearings relating to the levying of such assessments or the right to contest the assessments under Minnesota Statutes Section 429.081. The Owners shall also be responsible for all costs of maintaining and repairing the Improvements. 10. 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. 11. 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. 12. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 13. SURVIVAL. The Owners' obligations and liabilities pursuant to this Agreement shall survive the revocation or termination of this Agreement. In acknowledgement of the above License Agreement, the parties hereto affix their signatures on the dates stated below. OWNER : CITY OF EAGAN Ke i ' . 'yles By: Mike Maguir Its: Mayor eit\Vi V. Pyles By: OWI (_.5Gc) Its: City Clerk 1 3