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1750 Yankee Doodle Rd - Recorded Enroachment Agreement-v1Receipt:# 954602 Document Number AGREE $46.00 88 96 Return to: I FIRST AMERICAN TITLE I II II NC I S 121 SOUTH 8TH STREET Recorded on: 11/27/2024 11:26 AM SUITE 1250 MINNEAPOLIS MN 55402 By: CAC, Deputy Cert # 191056 Office of the Registrar of Titles Dakota County, Minnesota Amy A. Koethe, Registrarof Titles This Encroaclnnent Agreement ("Agreement"} is effective this ay of ®Vt�bW , 2024 ("Effective Date"), by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and R&DOODLE PROPERTY LLC, a Delaware limited liability company (the "Owner"). The City and Owner are hereinafter referred to as the "Parties." WHEREAS, as of the Effective Date, the Owner is the fee owner of certain property located at 1750 Yankee Doodle Road in the City of Eagan and legally described as Lot 1, Block 1, R.L. Johnson 2" d Addition, Dakota County, Minnesota (hereinafter the "Property"); and WHEREAS, the Owner desires to maintain asidewalk/staircase (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 WfIEREAS, 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. lay 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 When Recorded Return To; Ai i �w First American Title Insurance Company National Commercial Services i 21 South Sth Street, Suite 1250 Mlnneopolls, MN 55402 File No:NCSj7.o 001fX1 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: R&DOODLE PROPERTY LLC c/o U.S. Realty Advisors, LLC 1345 Avenue of Americas New York, NY 10105 Attention: General Counsel E-Mail: legal@usrallc.com 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, sash decision shall not affect the validity of the remaining portion of this Agreement. 8. BINDING AGREEMENT. The parties mutually recognize and agree that all terns 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. Go_vERNiIVG_LAw. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. [Signature pages to follow.] ENCROACHMENT AGREEMENT (Signature Page of the City) CITY OF EAGAN: Its: Mayor ,T By: Elizabeth anHoose Its: City Clerk STATE OF MINNESOTA) )SS. COUNTY OF DAKOTA ) The foregoing instrument was aclalowledged before me this _�`_� day of h,, , 2024, by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. AN�ELA ®. FAISON NOTARY PUBLIC•MINNESOTA My Comm. Exp. Jan_ 31, 2025 4892-2722-8913\2 (Signature Page of the Owner) R&DOODLE PROPERTY LLC, a Delaware limited liability company By: David President STATE OF NEW PORK ss. COUNTY OF NEW YORK The foregoing instrument was acknowledged before me this � t� day of � e { � �? � � ' , 2024, by David Grazioli, the President of R&DOODLE PROPERTY LLC, a Delaware limited liability company, on behalf of the company. Notary Public 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: 42026 °°®ceaneaaeovp�m �C, mmmmo0® oyP No K/YwY.°b ° �p�Quali/C y %0y�NeCo 3unty " ?904 -,�ti ®®o®,000 00;FXP(RED�e\eO `sea B°aeeaaaeaaeee% SGR/71916754.2 Lot 1, Bbck 1 R.L.1ohuort 2nd Addl HIM ,% t�+[ � Nuttc�Scale 1750 Yankee Doodle Rd t�stt f'V rM1 ���: raa�i�rt�r�C agT+��rm�rat f�i pr��at� 9rfrastr��tu rep c�, rcr�t� a�a('�c�rays, r�ftflr, �C �d'd �f Ea;an r�1;t->3f=�w'ap� �r,� t[�e taetl���rair,��� �i utiilt� �aa���r�r�t as sl�rwrnasto�z that part of Lat t; t31,�ek 1,, li.l. 1�,h,a',�a� �r;�i,���iti�,a ar��r+�i�� to th�e r�>`�,r,i� plat th�efi��,,f, l�.a��ta �euraty�, P�7�ro��t�. Theareaaofer,era>a6merutlie aazrs�thsereorthixvlestpaKeil(rc,.adjacent r Yan6�Drive, 7Vaeareas are iotatedappra:o:matatpIy nofaetarrd93S f��t-�3utb��t�Rst �fit�� r5�,,rtF mv€t parcel garret of th�� r�icr�ras�d p1ai. Uicruachmeat Areas Drairtage & Utillty Easemeltt Clty of Lagarr Right Of'Way iri sskeir.,bdnzs Tml p;Irna,,,l Wsri�� IStvea;�i:e •P:.e ❑r sicuiUasi.. M:! 01� Ire _ i..rejvp: rne;ftvia.ian:3�r wai W r iz ;�_3e•cz,.i dev_r h�J pia vvJ. e.�aear�its, at rtxa�tl av ari�ele�zJ_.l _a,erntmis.l st oralfc.i ss•:I ,aml us axrp I r aaef�r�irr i� i�rl R�a �_ a��a Qe*�f EAGAN