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3015 Holiday Lane - Encroachment Agreement - L2, B1 Oakview Center 3rd AdditionReceipt:# 933070 AGREE $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 Document Number 3633299 ll IIl III I11 IIl 1I1 I11 IIII Il Recorded on: 6/10/2024 3:23 PM By: LEH, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder ENCROACHMENT AGREEMENT Lot 2, Block 1, OAKVIEW CENTER 3R1) ADDITION This Encroachment Agreement ("Agreement") is made and entered into this 44� day of -jv nz— 2024, by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and Marvin Development III, LLC., a Minnesota limited liability company ("Owner"). The "Owner" and "Citv"are hereinafter collectiveknown 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, OAKVlEW CENTER 3 RD ADDITION, Dakota County, Minnesota (hereinafter the "Property"); and - WHEREAS, the Owner desires to maintain a monument sign (the "Improvement") in the City's existing drainage and utility easement (the "Easement") located on the Property, as depicted onExhibit. "'A"' attache, , 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: I 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 or Rj.sK. 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: Marvin Development III, LLC 5425 Boone Avenue North New Hope MN 55428 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. ENCROACHMENT AGREEMENT 2 Lot 2, Block 1, OAKVIEW CENTER 311 ADDITION (Signature page of the City) CITY OF EAGAN: A 'A�K_ By: Mike Ma wire Its: Mayor By: Elizabeth VariHoose Its: City lerk".-__"... . STATE OF MINNESOTA ) )ss. COUNTY OF DAK.OTA ) The foregoing instrument was acknowledged before me this 41 day of ic.. 2024, by Mike Maguire and Elizabeth Vamoose, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. ANGELA D. FAISON NOTARY PUBLIC-MINNESOTA Notary I'u lid �, My Comm. Exp. Jan. 31, 2025 ENCROACHMENT AGREEMENT Lot 2, Block 1, OAKVIEW CENTER 3Rn ADDITION (Signature page of Owner) Marvin Development III, LLC, a Minnesota limited liability company By�: A- acl e ° on Its: Vic silent of Development STATE OF MINNESOTA ) ) SS, COUNTY OF HENNEPINN ) The foregoing instrument was acknowledged before me this Z%� clay of Mau , 2024, by Zachary Zelickson, the Vice President of Development of Marvin Development III, LLC., a Minnesota limited liability company, on behalf of the limited liability company. �" `6jar� SHANNt7N 18ENE MARCUS Notary Public State of Minnesota yr Y�, My Commission Exotres January 31, 2027 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: 206-44124) 28984967v2 rd Notary Public EXHIBIT A Monument Sign Easement Exhibit Lot 2, Block 1, OAKVIEW CENTER 3RD ADDITION Eagan, Dakota County, Minnesota DESCRIPTION An easement for monument sign purposes over, under and across the West 10.00 feet of the East 15.00 feet of the South 34,00 feet of the North 44,00 feet of Lot 2, Black 1, OAKVIEW CENTER 3RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. 0 1 I A 1 rA I r A r L I V L— N Line of Lot 2, Block 1, OAKVIEW CENTER 3RD ADDITION — TL— -Drainage & Utility Easement _ per Plat T TIA A I I I I A J L-L F -V . . . . ...... i Fr r ICI L I Ecu UJfu io M M I k L J I LJ L I I I i II MINNESOTA CERTIFICATION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws o the State of Minnesota, N Dated this 14th day of May, 2024 0 30 60 Rory L. Synatellen Minfiesota Lic4ase-114b. 44565 SCALE IN FEET EXHIBIT "All Sign Area M . .. .... ....... ......... f­zv 0 '51SOte 'Ek-wivi G2 J. R 01 U P 5000 GLENWOOD AVENUE GOLDEN VALLEY, MN 55422 CivIlSitaGroup.com Drawn By:TH Project No. 21014 SHEET 1 OF I