4191 Summerbrooke Pl - Encroachment Agree Lot 5, Block 1 SummerbrookeReceipt:# 802311 3497196
AGREE $46.00 11111 I1111 I1111 III
Return to:
SIMPLIFILE
5072 NORTH 300 W Recorded on: 10/11/2021 8:23 AM
By: LMF, Deputy
PROVO UT84604 Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT ("Agreement") is made as of the J ; day of
(.! , 2021, by and between the City of Eagan, a Minnesota municipal corporation, (the
"City") and Troy Savage and Sonja Savage, husband and wife (the "Owners"). The City and
Owners are sometimes hereinafter referred to as the "Parties."
follows:
WHEREAS, the Owners are the fee title holders of real property legally described as
Lot 5, Block 1, Summerbrooke, according to the recorded plat thereof, Dakota County,
Minnesota,
(the "Property"); and
WHEREAS, the City is the holder of drainage and utility easements over, under and
across certain portions of the Property as depicted on the plat of Summerbrooke and any
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 retaining wall and
landscaping in the City's Easement (collectively the "Improvements") where currently located
within the Easement on the north and west sides 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 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 and 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 restore the Easement as required herein within
\ • . e e e
• •- a �/
EAGAN
4191 Summerbrooke Place Encroachment
24.. C
DRAINAGE & UTILITY EASEMENT
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1 c Retaining Wall
= D & U EASEMENT
0 STORM SEWER
RETAINING WALL
-�o STORM WATER POND
DRAINAGE & UTILITY EASEMENT
SUMMERBROOKE
Document Path: L:\USERS\PUBWORKS\Engineering\TStrid\Exhibits\4191 Summerbrooke Place Encrochment Request.mxd
Document Path: L:\USERS\PUBWORKS\Engineering\Exhibits\4191 Summerbrooke Place Encrochment Requst.PDF
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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 the 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 of termination of this Agreement.
In acknowledgment of the above License Agreement, the parties hereto affix their
signature on the dates stated below.
OWNERS:
oy S ge
Sonj avage
CITY OF EAGAN
4- LX 5 �-
By: Mike maguireV
Its: Mayor
By. Elizabeth VanHoose
Its: City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2021 by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the City of Eagan, a
Minnesota municipal corporation, on behalf of 7"k
murporation.
MELISSA G. TIMM Not Notary PubNc-Minnesota
.. MY Conln�lsa M EON Jan 31, 2025
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2021 by Troy Savage, married to Sonja Savage.
MID
ANotary .�
J§JULIE
MY wwm" E>0W Jan 31. 2025
Ail-
NotaryVblic `
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day JAIW,
2021 by Sonia Savage, married to Trov Savaae.
ANITA STRID
Notary Pubk-Mhx"a
OJULIE
My Cortr 6dM SON Jan 31, 2025
This instrument was drafted by:
City of Eagan
Engineering Department
3830 Pilot Knob Road
Eagan, MN 55122
(651) 675-5646
Notary ltu lic