3015 Holiday Lane - Encroachment Agreement - L2, B1 Oakview Center 3rd AdditionReceipt:# 933070
AGREE $46.00
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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
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N Line of Lot 2, Block 1,
OAKVIEW CENTER 3RD ADDITION —
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-Drainage & Utility Easement
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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
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5000 GLENWOOD AVENUE
GOLDEN VALLEY, MN 55422
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