Manley Gun Club_Encroachment Agt (Recorded Doc 812787)Receipt:# 633722
812787
AGREE $46.00
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MANLEY
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Recorded
12000KEVIN
12000 ROBERT TRL
on: 10/29/2019 2:44 PM
V —
to the City of Eagan.
ROSEMOUNT MN 55068
By: CZP, Deputy
Cert # 176714. ^.
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 A�day.of
V� , 2019, by and between the City of Eagan, a Minnesota municipal corporation
the " ity' ), and Gun Club Eagan, LLC, a Minnesota limitedliability 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 follows:
The northerly 13.00 feet of Lots. 3, 4 and 5, Block 1, MANLEY GUN CLUB,
according:to the recorded plat thereof, Dakota County, Minnesota.
Togetherwith:
The northerly 10.00 feet of Lots 6, 7, 8, 9 and 10, Block 1, MANLEY GUN
CLUB, according to the recorded plat thereof, Dakota County, Minnesota.
Together with:
That part of Lot 10, Block 1„ MANLEY GUN CLUB, according to the recorded
plat thereof, Dakota County, Minnesota; described as follows:
Commencing at the southeast corner of said Lot 10; thence on an
,assumed, bearing of South. 89 degrees 40 minutes 29 seconds West
along the south line of said Lot 1'0; a distance of 10.08 feet to the
point of beginning; thence continuing South 89 degrees 40
minutes 29 seconds West along said south line a distance of 21.24
feet; thence North 44 degrees 44 minutes 55 seconds East, a,
distance of 44.35 feet to the east line of said Lot.10; thence South
00 degrees 10 minutes 39 seconds East along said east line, a
distance, of 21.24 feet, thence South 44 degrees 44 minutes 55
seconds West a distance of 14.27 feet to the point of beginning.
(hereinafter the "Property"); and
WHEREAS, the Owner desires to maintain, an entrance monument, a private retaining
wall and a private fence for noise abatement (collectively the "Improvement") in the City's
existing drainage and utility easement (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:
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 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:
Gun Club Eagan; LLC
755 Diffley Road
Eagan, MN 55123.
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 55`122-1810
2
With a copy to: Robert B. Bauer, City Attorney
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
1.4985 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
Manley ,Gun Club
(Signature page of the City)
City of Eagan;
a Minnesota municipal corporation
By: Ok- ��k
Mike Maguir
.Its: Mayor
By61e✓L�-C
M. Scipioni
Its: Clerk
APPROVED AS TO FORM:
�., .4.1;- -.
City Attorney
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA
APPROVED AS TO CONTENT:
Public Work epartment
On this ?�—day of 20,19 before me a Notary Public within and
for said County personally appeare ik aguire and Christina M. Scipioni to me personally,
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal
affixed in behalf of said municipality by authority of its City Council and said Mayor and Deputy
Clerk acknowledged said instrument to be the free ct and deed of saidmun ip7}aslity. //A;'
A .A I� - !/
JULIE ANITA STRID Notary
Notary Publ"Im mote
�uw ' tiN cA�m+ on a",� 31. 2=
00
2
Encroachment Agreement.
Manley Gun Club
(Signature page of the Owner)
OWNER:
Gun. Club Eagan, LLC,
a Minnesota limited liability company
A � �N N -
By:
Its
STATE OF OF MINNESOTA )
) ss.
COUNTY OF _�)
k
The foregoing instrument was acknowledged before me thisQ (.o day of ,
2019, by 'c�,�Q (�C.�,'�!� ls�.c /1 , the 50 4
of Gun Club Eagan, LLC, a Minnesota limited liability compapy,pn behalf of the limited liability
company:.
Notary
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: 206-38632)
5
MANSIMINO LOYA JR
NOTARY PUBLIC . MINNESOTA
MY COMMISSION EXPIRES 01/31/2020
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Cad File:
117001
PI*NEER
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ENCROACHMENT
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CIVILENGIN S LINDPLANNERS LANDSURVEYfMS LAND.SCAPEARCI ers
Date:6-7-19
EASE
E.ISEMENT.dwg
(651) 681-1914
Folder #:
8035
2422 Enterprise Drive, Fax: 681-9488
Mendota Heights, MN 55120 www.pioneemngeom
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Description Sketch for:
Kevin Manley
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Engineering, P.A.
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