4145 Knob Dr - RECORDED Encroachment Agreement Pilot Knob Animal HospitalReceipt:# 972991
AGREE $46.00
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SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
Document Number
3675309
ll IIl 1IIII llI III IIII III IIII Il
Recorded on: 5/13/2025 2:52 PM
By: LMF, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
Thd.
is Encroachment Agreement ("Agreement") is made and entered into this day of
2025, by and between the City of Eagan, a Minnesota municipal corporation (the
i ," ), and JFU, LLC, a Minnesota limited liability corporation, d/b/a Pilot Knob Animal
Hospital, (the "Owner"), The City and Owner are hereinafter 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 Lot 7, Block 1, Knob Hill Professional Park (hereinafter the "Property");
and
WHEREAS, the Owner desires to maintain a retaining wall (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
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:
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.
COSTS, The Owner shall be responsible for all costs relating to the
construction, maintenance and repair of the Improvements.
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.
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:
JFU, LLC
d/b/a Pilot Knob Animal Hospital
4145 Knob Drive
Eagan, MN 55122
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
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.
GOVERNING LAW. This Agreement shall be governed by and interpreted
under the laws of the State of Minnesota.
(Signature Pages to Follow)
2
R y,
City of Eagan,
a Minnesota municipal corporation
OkAso�
By: Mike MaVuire
Its: Mayor
r s
By: Elizabeth VanHoose
Its: Clerk
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA )
By: City Attorney
On this j day of M � 2025 before me a Notary
Public within and for said County personally appeared Mike Maguire and Elizabeth VanHoose to
me personally known, who being each by me duty sworn, each did say that they are respectively
the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument,
and that the seal affixed in behalf of said municipality by authority of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
municipality.
I.CANGEIA
aryPublic-Minnesota Notary Pubiircmissloep Expires Jan. 31, 2030
Encroachment Agreement
Signature Page for the Owner
JFU, LLC, a Minnesota limited liability corporation,
d/b/a Pilot Knob Animal Hospital
B
Itsq
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA }
The foregoing instrument, was ,acknowledged before me this _2 day of
2025, by ` iv- 11 kn , the of
JFU, LLC, a Minnesota limited liability corporation d/b/a Pilot Knob Animal Hospital, on behalf
of the corporation.
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DOUGERTY, MOLE,NDA, SOLFEST, HILLS
& BAUER P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
(RBB: 206-43113)
4
R e
Notary Public
ENCROACHMENT AGREEMENT
EXHIBIT I
PILOT KNOB ANIMAL HOSPITAL
4M5 KNOB DR/VA EAGAN
DAKOTA COUNTY, MINNESOTA
Data: August 28,2020 Proloot Na 20-OOBELOI
Sig7al Po
BOGART,PEDERSON
& ASSOCIATES, INC.
LAND SURVEYING
CIVIL ENGINEERING
MAPPING
1307E FlRST STREET, BECKER, MN 55308-9322
TEL: 763-262-8822 FAX: 763-262-88"
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! Utility and Drainage Easement per
(7 plat of Knob Hill Professional Park
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J I o ENCROACHMENT AREA
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51 1 1 I I
--1---� i 60.00 9�.1 i7 J
55.00 �' '� 60.00
of Sy Lot 7 �
corner / Sly line Proposed Retaining Wall
of
of Lot 7
A 1 A 1 r1 A r1 1 /
-.111 V/ 1 L_
Encroachment Area Descry,_
That part of Lot 7, Block 1, Knob Hill Professional Park,
according to the recorded plat thereof, Dakota County,
Minnesota, described as follows:
Commencing at the southwest corner of said Lot 7; thence
easterly along the southerly line of said Lot 7, a distance of
55.00 feet to the point of beginning; thence continue easterly
along said southerly line, a distance of 60.00 feet; thence
northerly, deflecting to the left 90 degrees 00 minutes 00
seconds, a distance of 5.00 feet; thence westerly, deflecting to
the left 90 degrees 00 minutes 00 seconds, a distance of
60.00 feet; thence southerly, deflecting to the left 90 degrees
00 minutes 00 seconds, a distance of 5.00 feet to the point
of beginning.
Utility and Drainage easements shown thus:
II
5
5
--10�---J L— IOL---
N.T.S.
Being 5 feet in width unless otherwise
indicated, and adjoining lot lines, and 10
feet in width and adjoining street lines
unless otherwise indicated on the plat.
