1750 Yankee Doodle Rd - Recorded Enroachment Agreement-v1Receipt:# 954602 Document Number
AGREE $46.00 88
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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
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