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1445 Lone Oak Lane - Right of Entry & Waiver of TrepassRIGHT OF ENTRY AND WAIVER OF TRESPASS This Right of Entry and Waiver of Trespass ("Agreement") is made and entered into this o day of 3, 2025 by and between Michael Mitchell, a single person, (hereinafter the "Owner"), and the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"). (The Owner and the City are hereinafter collectively referred to as the "Parties"). WHEREAS, the Owner is the fee owner of that certain real estate located at 1445 Lone Oak Lane situated in the City of Eagan, Dakota County, Minnesota and legally described as follows: That part of Lot 9, Zehnder Acres, Section 9, Township 27, Range 23 West, described as follows: PT OF LOT 9 BET FOLLOWING DESC LINES COM 425 FT S OF NE COR TO PT ON N LINE 51 FT W OF NE COR & COM AT SAME PT ON E LINE TO PT 190 FT W OF NE COR EX PT NW OF ROAD (the "Property"); and WHEREAS, the City intends to repair a storm sewer structure as part of the Lone Oak Road Reconstruction Project (the "Project") on the Property as shown in Exhibit A located within the City; and WHEREAS, the Feasibility Report for the construction of the Project is on file with the Director of Public Works for the City and available for inspection; and WHEREAS, the City intends to construct the Project according to the Feasibility Report; and WHEREAS, in order to construct the Project it is necessary that the City, its agents, servants, representatives and contractors have access to a portion of the Property, which is depicted on Exhibit "A" attached hereto to conduct surveying; and WHEREAS, this agreement will automatically expire on July 1, 2026; and NOW, WHEREFORE, in consideration of the foregoing and other good and valuable consideration, the Owner hereby agrees as follows: 1. ACCESS TO PROPERTY. The City, its agents, servants, representatives, and contractors have the right to enter upon the Property described and depicted on Exhibit "A" to conduct surveying necessary for the Project. 2. WAIVER OF TRESPASS. The Owner hereby waives all actions, claims and causes of actions against the City, its agents, servants, representatives and contractors for entry and trespass upon the Property. 3. REPRESENTATION. The Owner represents and warrants that he is the fee owner of the Property and has good right and title to grant this right of entry and waiver of trespass to the City. Dated this Z day of 2025. Michael MifclMl STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this c4b day of 2025, by Michael Mitchell, a single person. ' nnMnnarea�en�w+nnan�na� Q MICKI LARAE WE Notery Public -Minnesota My Commission Expires Jan. 31 203d THIS INSTRUMENT WAS DRAFTED BY: City of Eagan Engineering 3830 Pilot Knob Road Eagan, MN 55122 (651) 675-5646 A, Nota Public 1 # •'i"'-' # Right of Entry and Waiver of Trespass Agreement EAGAN 1445 Lone Oak Lane EXHIBIT "A" A A Right of Entry easement and a Waiver of Tress for the purpose of improvement of a City of Eagan storm sewer facility located over, under and across that part of Lot 9, Zehnder Acres, Section 9, Township 27, Range 23 West, situated in the City of Eagan, Dakota County, Minnesota. Right of Entry & Waiver of Tresspass Area as Described *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 effect said land or any improvements to said land Not to Scale