3800 Ballantrae Rd - Amendment to the Ballantrae Apartments Encroachment Agreement3454055
Receipt:# 757542
AMEN $46.00
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SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
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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.