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Manley Gun Club_Encroachment Agt (Recorded Doc 812787)Receipt:# 633722 812787 AGREE $46.00 Please and MUM Return MANLEY IIIIIIIIIIIIIIIIIIIIII,IIIIIIIIIIIIIIIIII 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 v m 7 0 v O 0 0 N Q. 0 N m 3 CD 0 ', . 0 3 0 ° Ino >' o CD o - m - m p y y '�.y m c O;y NO m. 7 p .mi 7 ,(p-F' W 7 O N 0 , Dx �.. 0.CD . �, m O a0• N � j. , � �: 1 sG m a� N �00 O W 0 7.�.f 0 7 7 �• tnnpM O O -0 o O 7 m m O Np m C- W rt (mDrt z .7 3 S ° y O ,005 O C) o 0 0 o.c O N'D a- 0 — _ r r O U 0 ,00 � y' 0- z tea° o C,:,L -D � rn c, z mom G agmm m 1 r� l� 0 d f a W.. N 0-G) OD 0 D N It 5 C .a N Z CL 0 S 'm m 7 SD 3' r 0. r'I -3 x. ID •_0 r 0 c 7, z a''m 7 00 a r7. O O 0 > X O 00 y m O 0 °o 0 �Q s a m ° m � O7 J N W t0 j 7 0 > m O 7 am m ° O.70 ? O X. N aao ° ° { 0 N 0 �o s7 m z G7 z . CD m� 0 m m < 0 O O z m 0'y :+O m.c 0 ° C r C � o r m 0'3 m n z m m �. �.o.rt a n r o 0 (p N:7 O C 0 7 7 tT m 0 C. m 0 C m O 0 m l z Nm 3 o O a 7 >9. O (0' O O d] C O N O O CD S 7 (T OD Lon t0 0- co. o ID tomQs o m m m M m 0 0 T 0 O N 0 C) m aCl- 3mo�, 7 �. a 7 '❑ '3 `02 C CL rt S, N.O. Ln CD m .3 00to _ N O -0 0 m' m O 7 to C m O O° N N a' m m 00 p N 0- (O 0 O N .o ;ay p 0 to 0 0- C' rt O. ((DD 0 f/1 n 0 N N O O m 7 rt y m N 7 ip 0 (n . 0 m O n o0: 0 O c 0: .. o s`a 1 7 m y, N N P -40-7'N CD 0 0 m 3 C O O 7 pam s rn' o m o,� z T o m" 0 0 O CD �0X C 0 z m rm 40 � zo7 m� { Cad File: 117001 PI*NEER ,veo ENCROACHMENT �• M(p ��WG ng 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 Drawn by: KSQ C z m O m E LINE OF LOT`10, BLOCK 1 A0 NO L I��/Vr�L. I Iv L_/1rvL I I/\A AE:- A r\ t /1.1 I A /\r- Description Sketch for: Kevin Manley C; C_ GU Engineering, P.A. 7'. VUTDlT 11 A:It