Encroachment Agreement - L1, B1 Thomas Lake School Addition (4350 Thomas Lake Rd)Receipt:# 984000
AGREE $46.00
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SIMPLIFILE
5072 NORTH 300 W
PROVO UT 84604
Document Number
3686503
ll IIl llI I11 llI 1IIII III III Il
Recorded on: 8/6/2025 8:21 AM
By: EGU, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
ENCROACHMENT AGREEMENT
This Encroachment Agreement ("Agreement") is made and entered into this 1'r4 day of
S � 2025, by and between the City of Eagan, a Minnesota municipal corporation (the
"Ci ), and Independent School District 196, a Minnesota public school district (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 1, Block 1, Thomas Lake School Addition, according to the recorded
plat thereof, Dakota County, Minnesota (hereinafter the "Property"); and
WHEREAS, the Owner desires to install and construct a 10-foot concrete sidewalk parallel
to the southern curb line of the southernmost parking lot located on the Property (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. N0 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:
If to Owner: Independent School District No. 196
3455 153d Street West
Rosemount, MN 55068-4946
If to City.City of Eagan
Attn: Ben Perkey, Assistant City Engineer
3830 Pilot Knob Road
Eagan, MN 55122
With a copy t `-, Dougherty, Molenda, Solfest, Hills & Bauer P.A.
Attn: Robert B. Bauer, City Attorney
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
7. VALID tiY 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. -BiNDt--NQ ko t lul NT: 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. GOVERNINIQ L,t4W. This Agreement shall be governed by and interpreted
under the laws of the State of Minnesota.
2
ENCROACHMENT AGREEMENT
(Lot 1, Block I Thomas Lake School Addition)
(Signature page of the City)
City of Eagan, a Minnesota municipal
corporation
A t �_
By: Mike Ma uire
Its: Mayor
C
By: lizabeth wa ffoose
Its: City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
IWIIAJ._ '� 2025, by Mike Maguire and Elizabeth VanHoose,'the Mayor and City Clerk
of th City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation.
7ANGELA a. FAISON
blic-Minnesota
Expires Jan. 31, 2030
Notary Pub is
ENCROACHMENT AGREEMENT
(Lot 1, Block I Thomas Lake School Addition)
(Signature page of Owner)
Independent School District No. 196, a Minnesota
public school district
By:
Its: School Bo4 Chairpe. 5�1�'
By: -
Sakawdin Mohamed
Its: School Board Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 11'!�'"day of l.h
2025, by Cory Johnson and Sakawdin Mohamed, the School Board Chairperson and . 6ht I Board
Clerk, on behalf of Independent School District No.196, a Minnesota public school district, on behalf
of the public school district.
KRISTEN POWELL /, �o at rA
} x NOTARY PUBLIC
- MINNESOTA Notary Public
y' „�tiR+`'� Nig,.CommissionExpiresJanv31n2029
Iry. .....
THIS INSTRUMENT WAS DRAFTED BY;
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, Minnesota 55124
(952) 432-3136
RBB: 01345
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