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