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540 Yankee Doodle Rd - Lot 1, Block 1, Danner Family 1st Addition - Encroachment Agreement - Fully Executed & Recorded3500362 Receipt:# 805489 AGREE $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 10/22/2021 10:15 AM By: SLM, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made and entered into this 19" " day of 2021, by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and Yankee Doodle Self Storage Holding Company, LLC, a Minnesota limited liability company, and Yankee Doodle Self Storage Holding Company 2, LLC, a Minnesota limited liability company (the "Owners"). The City and Owners are hereinafter referred to as the "Parties." WHEREAS, the Owners are the fee owners of certain property located in the City of Eagan and legally described as Lot 1, Block 1, DANNER FAMILY 1ST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota (hereinafter the "Property"); and WHEREAS, the Owners desire to maintain a retaining wall (the "Improvement") in the City's existing drainage and utility easement (the `Basement") located on the Property as depicted on Exhibit "A" attached hereto; and WHEREAS, in connection with placement of the Improvement, it .is necessary for the Owners to encroach within the Easement; and WHEREAS, the City is willing to allow Owners to encroach within the Easement all upon the terms and conditions contained herein: NOW, THEREFORE, the City and Owners agree as follows: 1. ENCROACHMENT. The City hereby authorizes Owners 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 Owners shall be responsible for all costs relating to the construction, maintenance and repair of the Improvement. 4. ASSUMPTION of RISK. Owners acknowledge that the future maintenance, repairs within the Easement could possibly damage the Improvement. By entering into this Agreement, Owners assume 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. DEFAULT. If the Owners fail to take any action required in connection with this Agreement, the City will provide a written notice of default to the Owners giving Owners 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 Owners for the costs thereof. If the Owners fail 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 Owners at: Yankee Doodle Self Storage Holding Company, LLC Attn: Jeff Johnson, Manager 780 Bridle Ridge Road Eagan, MN 55123-5512 Yankee Doodle Self Storage Holding Company 2, LLC Attn: Jeff Johnson, Manager 780 Bridle Ridge Road Eagan, MN 55123-5512 All written communications shall be directed to the City at: City of Eagan Attn: Russ Matthys, Public Works Director 3830 Pilot Knob Road Eagan, MN 55122-1810 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. [Signature pages to follow.] ENCROACHMENT AGREEMENT LOT 1, BLOCK 1, DANNER FAMILY 1ST ADDITION (Signature page of the City) OF EAGAN: Cyndee Fi lds Its: Acting Mayor By: Elizabeth VanHo0"se Its: City Clerk . STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 'i day of ®C , 2021, by Cyndee Fields and Elizabeth VanHoose, the Acting Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. ASHLEIGH N WALTER N®tary 1�ublfc-Minnasota �...... My Commkolon Expires Jan 31, 2W5 Notary Public 11 ENCROACHMENT AGREEMENT LOT 1, BLOCK 1, DANNER FAMILY 1ST ADDITION (Signature page of Owner) Yankee Doodle Self Storage Holding Company, LLC, a Minnesota limited liability company STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 0 , 2021 by Jeff Johnson, the Manager of Yankee Doodle Self Storage Holding Company, LLC, a Minnesota limited liability company, on behalf of the limited liability company. , Laura J �w ...� ,� �� ., � '"`�- art � � � Geme#zky Staten$ b1 � •... Notary PublicNotr Comrnls�,i)1n o. 31058864 is�an 113112025 ENCROACHMENT AGREEMENT LOT 1, BLOCK 1, DANNER FAMILY IST ADDITION (Signature page of Owner) Yankee Doodle Self Storage Holding Company 2, LLC, a Minnesota limited liability company STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of"A-' 2021 by Jeff Johnson, the Manager of Yankee Doodle Self Storage Holding Company 2, LLC, a Minnesota limited liability company, on behalf of the limited liability company. (fin'l*C Lwr :Nmooit". Notary Public State aB 8sW rM No31 `° m 9f31 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: 206-38631) rel ) r1 A r\ N 1r\ L si O � \/VVI V I I \vnL/ I V\J. A\i A n Ilr`r-r nr\r\rl\ r )/1 A Ins L_ I nl Vf\L_L_ Ll V\J UL. \VnL/ n L1_ \ 0 \ A J <� L c' LIJ C IJ/ V. I .... 1 v v A r-\ r, n v v I I v I v PROPOSED LEGAL DESCRIPTION FOR AN ENCROACHMENT AGREEMENT The West 10.00 feet of Lot 1, Block 1, DANNER FAMILY 1ST ADDITION, according to the recorded plot thereof, Dakota County, Minnesota * This sketch does not purport to show the existence or nonexistence of any encroachments from or onto the hereon described land, easements of record or unrecorded easements which affect said land or any improvements to said land. Not to Scale ,1. Denotes proposed agreement EXHIBIT "A" Cad File: .- PIONEER .y1nee�p�17 ng 117002-ENCROAC7- AGREEMENT.dwg Description Sketch for. o I-II(p CIVILENGINECRS LANDPLANNRRS I.ANDSGRVP.YGRS LANDSCAPF.ARCIIITFCTS Folder#: 9059 (651) 681-1914 Draw„ by: TSS Yankee Doodle Self Storage LLC. 2422 Enterprise Drive Fax: 681-9488 Wrldola Heights, MN 55120 www.pioneereng.com © 2019 Pioneer Engineering, P.A