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3800 Ballantrae Rd - Amendment to the Ballantrae Apartments Encroachment Agreement3454055 Receipt:# 757542 AMEN $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 4/9/2021 9:42 AM By: CGK, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder AMENDMENT TO BALLANTRAE APARTMENTS ENCROACHMENT AND MAINTENANCE AGREEMENT THIS AMENDMENT TO BALLANTRAE APARTMENTS ENCROACHMENT AND MAINTENANCE AGREEMENT (this "Amendment") is made and entered into as of d Vf=h (jP 52021 by and between THE CITY OF EAGAN, a Minnesota municipal corporation (the "City") and BALLANTRAE APARTMENTS, LLC, a Minnesota limited liability company (the "Owner"). RECITALS A. Owner is the fee owner of certain property located in the City of Eagan which contains the Ballantrae Apartments located at 3800 Ballantrae Road, now legally described as Lot 1, Block 1, Ballantrae 311 Addition, according to the recorded plat thereof, Dakota County, Minnesota (hereinafter the "Property"). B. Owner's predecessor and the City entered into a Ballantrae Apartments Encroachment and Maintenance Agreement dated March 21, 2012 (the "Agreement") which allowed Owner to encroach its improvements on certain dedicated public drainage and utility easements dedicated in the plat of Ballantrae 2nd Addition more particularly described therein which Agreement was duly filed on May 24, 2012 in the office of the Dakota County Recorder as Document No. 2870200. C. In connection with the development of adjacent property, the public drainage and utility easements on the Property have been vacated and re -dedicated on the plat of Ballantrae 3rd Addition. 1. D. City and Owner now desire to amend the Agreement to continue Owner's right to encroach over the public drainage and utility easements dedicated in the plat of Ballantra(-- 3" Addition (the "Amended Easements"). NOW, THEREFORE, the City and Owner agree as follows: 1.) Amended Easements. The City and Owner hereby amend the legal descriptions of the Easements described and depicted on Exhibit "A" to the Agreement so that all references to "BALLANTRAE 2" ADDITION" shall be and become "BALLANTRAE 31 ADDITION." 2.) Encroachment. The City hereby authorizes and confirms Owner's right to construct, maintain and repair the Improvements within the Amended Easements. 3.) Binding Agreement; Ratification. The parties mutually recognize and agree that all tenns and conditions (Dfthis Amendment shall run with the land herein described and shall be binding upon the successors and assigns of the parties hereto. Except as amended hereby, the parties hereby ratify and affirm the terms of the Agreement. [The remainder of thi s page has been left blank intentionally. Signature page(s) attached.] 2. AMENDMENT TO BALLANTRAE APARTMENTS ENCROACHMENT AND MAINTENANCE AGREEMENT Signature page of City IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. CITY: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Magu re Its: Mayor By:(*rd #/ Christina M. Scipio Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of March, 2021 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 corporationAMA. ', ` Nota y ublic �„n�• My commission expires: JEJUMIE ANITA AID NctM kvlesaa 3. AMENDMENT TO BALLANTRAE APARTMENTS ENCROACHMENT AND MAINTENANCE AGREEMENT Signature page of Owner OWNER: BALLANTRAE APARTMENTS, LLC, a Minnesota limited liability company B: Y Paola Bernardi Sipe Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this l day of March, 2021, by Paola Bernardi Sipe, the President of BALLANTRAE APARTMENTS, LLC, a Minnesota limited liability company, on behalf of the company. c Notary Public My commission expires: THIS INSTRUMENT WAS DRAFTED BY: LARKIN HOFFMAN DALY & LINDGREN Ltd. 8300 Norman Center Drive Suite 1000 Minneapolis, Minnesota 55437-1060 4818-2845-5885, v.l 4.