Loading...
Encroachment Agreement L4, B3, Dodd View Addition - 675 Farm RdReceipt:# 936343 AGREE $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 Document Number 3636698 ll IIl III IIl 1I1 1I1 llI IIII Il Recorded on: 7/9/2024 3:36 PM By: LMF, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder ENCROACHMENT AGREEMENT !JThis Encroachment Agreement ("Agreement") is made and entered into this jfday of (tKtz, 2024, by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and Peter J. Borash, a single person ("Owner"). (City and Owner shall hereinafter be 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, to -wit: Lot 4, Block 3, Dodd View Addition, and all that part of Lot 3 in Block 3 in Dodd View Addition described as follows: Beginning at the Northwest corner of said Lot 4 in Block 3, thence West 100 feet to the West line of said Lot 3 in Block 3, thence southerly along said West line 100 feet to the Southwest corner of said Lot 3 in Block 3, thence East on the South line of said Lot 3 in Block 3 100 feet to the Southeast corner thereof, thence Northerly on the East line of said Lot 3 in Block 3 100 feet to the point of beginning and there terminating, Dakota County, Minnesota. ALSO DESCRIBED AS: The South 100 feet of Lot Three (3); and all of Lot Four (4), Block Three (3), Dodd View Addition, Dakota County, Minnesota. (hereinafter the "Property"); and WHEREAS, the Owner desires to maintain private driveway (the "Improvement") in the City's existing right-of-way (the `Basement") 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 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: Peter J. Borash 675 Farm 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 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 2 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.) 3 ENCROACHMENT AGREEMENT (675 Farm Road) (Signature page of the City) CITY OF EAGAN: By: Mike Ma re Its: Mayor By: Eliza eth VanHoose Its: City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this �� day of 2024, by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the City of gan, a Minnesota municipal corporation, on behalf of the municipal corporation. ANt3EIA D. FAISON N®TARY PUSUC-MINNESOTA My Comm. Exp. Jan. 31, 2025 Notary Pub is 0 ENCROACHMENT AGREEMENT (675 Farm Road) (Signature page of Owner) STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this Arday of 2024, by Peter J. Borash, a single, person. 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: 206-45588) 5 ROCHELLE MARlE FELTMAN a' Notary Public MiMANI$ �7We Exhibit "A" N Not to Scale O a' Lot 3, Block 3 Q 100' Qua c o Lot 4, Block 3 a, ooa Qe� 100, Farm Road 66' Right' -of -Way M 250' 2 An encroachment agreement for private access and maintenance within the 66' Right -of -Way, as shown,across that part of Dodd View Addition according to the recorded plat thereof, Dakota County, Minnesota. The 66' x 250' area of encroachment lies South of the the following described area. Part of Lot 3, Block 3. Beginning at the northwest corner of Lot 4, Block 3, West 100' to the West Line of Lot 3, South to the Southwest corner of Lot 3, East 100' to the Southeast corner of Lot 3, North on the East line of Lot 3 100' to the point of beginning. All of Lot 4, Block 3. ALSO DESCRIBED AS: The South 100 feet of Lot 3, Block 3 and all of Lot 4, Block 3, Dodd View Addition, Dakota County, Minnesota. Encroachment Easement This sketch does not purport to show the existence or nonexistence of any encroachments from or onto the hereon described land, easements,of record or unrecorded easements which affect said land or any improvements to said j land. EAGAN