855 Vikings Pkwy - Encroachment AgreementReceipt:# 667233 3368799
AGREE $46.00 11111111111111111111111111111
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5072 NORTH 300 W Recorded on: 5/6/2020 1:37 PM
By: DRA, Deputy
PROVO U T 84604 Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
ENCROACHMENT AGREEMMENT
Encroachment Agreement ("Agreement") is made and entered into this a ay of
2020, by and between the City of Eagan, a Minnesota municipal corporation
(the "City"), and Venstar, LLC, a Minnesota limited liability company (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
and legally described as Lot 1, Block 1, VENSTAR EAGAN OFFICE BUILDING (hereinafter
the "Property"); and
WHEREAS, the Owner desires to install storm and sanitary sewer on the property and
desires to have access for installation and grading purposes (the "Improvement") in the City's
existing conservation easement (the "Easement") located on the Property as depicted on Exhibit
"A" attached hereto; and I
NMEREAS, in connection with placement of the hnprovement, 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 1
the C'tY and Owner agree as follows:
1. ENCROACHMENT. The City hereby authorizes Owner to construct,
maintain and repair the Improvement within the Easement.
2. No WAIVER. 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 for -all costs relating to the
construction, maintenance and repair of the Improvements.
4. ASSUMPTION OP RISK, Owner acknowledges that the future maintenance,
repairs 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 to Owner at:
Venstar, LLC '
7803 Glenroy Road, # 104
Bloomington, MN 55439
All written cominunications, shall be directed to the City at:
City of Eagan
Attn: Russ Matthys, Public Works Director
3830 Pilot Knob Road
Eagan, MN 5 5122-18 10
With a copy to: Robert B. Bauer, City Attorney
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
7. 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
8. 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,
9. GOVERNING LAW. This Agreement shall be governed by and interpreted
under the laws of the State of Minnesota,
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CITY OF EAGAN:
OWNER:
Venstar, LLC,
a Minnesota limited liability company
)) qv
/i
s
By: Mike Maguir y:
Its: Mayor Its:
By: Christina Scipioni
Its: City Clerk
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
Thy foregoing instrument was acknowledged before me this gcD, day of
2020, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of
the C4 of Eagan, a Minnesota municipal corporation, on behalf of the municipal orporation.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF�o1�)
The foregoing instrument was acknowledged before me this, day of
2020, by c• �,� . , the C ,-yY�'��"
of Venstar, LLC, a Minnesota limiteA liability company, on behalf of the limited liability company.
ERIN R SU�iREZ Notary Public
NOTARY PUBLIC
MINNESOTA
Commission Expires Jan.31, 2021
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST
HILLS & BAUER P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
(RBB : 206-42211)
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