Encroachment Agreement - L2, B1 Rahncliff 4th AdditionReceipt:# 884645 872135
AGREE $46.00 I1111 II111 II111
Return to:
SIMPLIFILE
5072 NORTH 300 w Recorded on: 3/31/2023 2:12 PM
By: CAC, Deputy
PROVO UT84604 Cert # 186697
Office of the Registrar of Titles
Dakota County, Minnesota
Amy A. Koethe, Registrar of Titles
ENCROACHMENT AGREEMENT
This Encroachment Agreement ("Agreement") is made and entered into this -)I' - day
of March, 2023, by and between the City of Eagan, a Minnesota municipal corporation (the
"City"), and Southern Social Land and Building 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 2, Block 1, Rahncliff 0' Addition (hereinafter the "Property"); and
WHEREAS, the Owner desires to maintain a non-structural retaining wall, patio, sidewalk
and landscaping (the "Improvement") within the in the City's existing drainage and utility
easement along the southerly property line (the "Easement") 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
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, the City and Owner agree as follows:
l . 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 Improvement.
4. ASSUMPTION OF 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:
Southern Social Land and Building LLC
1940 Rahncliff Ct
Eagan, MN 55122
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
(Signature page of the City)
CITY OF EAGAN:
#AAN
By: Mike Ma '
Its: Mayor
By:''Elizabe ar!a hose
Its:, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
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The foregoing instrument was acknowledged before me this OVC& day of 2023,
by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the City of Eagan, a Minnesota
municipal corporation, on behalf of the municipal corporation.
KATHERINE J. CARLETON
Notary Pablic-Minnesota Notary Public
yaa My Commission Expires Jan 31, 2027
ENCROACHMENT AGREEMENT
(Signature page of Owner)
Southern Social Land and Building LLC,
a Minnesota limited liability company
STATE OF MINNESOTA )
)ss.
COUNTY OF JjL�i I )
VThe foregoing instrument was acknowledged before me this day of
2023,by "F)oyj'k0-mj'n &ron the CEO of
Southern Social Lgd- and Building LLC, 'aMinnesota limited liability company, on behalf of the
limited liability company.
EQ iTONYA JOANN UNDERDAHL
NOTARY PUBLIC - MINNESOTA
MYCOMMsISSIONEVIRES010/24 -- POM-10 ------- - I
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: 206-4768)
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