3000 Ames Crossing Rd - Lot 1, Block 1, Boulder Lakes Encroachment AgreementReceipt:# 987791
AGREE $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
Document Number
3690357
ll IIl VIII VIII VIII I1I VIII Il Il
Recorded on: 9/5/2025 9:36 AM
By: ENY, 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 "day of
n�" b e -r , 2025, by and between the City of Eagan, a Minnesota municipal corporation (the
"City"), and MSP Boulder Industrial, L.L.C., a Delaware limited liability company (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, Boulder Lakes, according to the recorded plat thereof,
Dakota County, Minnesota (hereinafter the "Property"); and
WHEREAS, the Owner desires to maintain already existing improvements that encroach
within the City's Conservation Easement dated August 21, 2007 and recorded with the Dakota
County Recorder on September 17, 2007 as Document No. 2544168 and Conservation Easement
dated August 14, 2008 and recorded with the Dakota County Recorder on August 26, 2008 as
Document No. 2609984 (collectively the "Easement") located on the Property, and as depicted on
Exhibit "A" and Exhibit `B" attached hereto (the "Existing Improvements"); and
WHEREAS, in connection with future maintenance of the Existing Improvements, 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 and its contractors,
agents, representatives, and assigns to continue to maintain and replace the
Existing Improvements as long as there is minimal disturbance and no
expansion to the Existing Improvements with 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 Existing Improvements.
4. ASSUMPTION of RISK. Owner acknowledges that future maintenance or
repairs within the Easement by the City pursuant to the Easement could
possibly damage the Existing Improvements. By entering into this
Agreement, Owner assumes the risk of any and all damage to the Existing
Improvements that may result from any reasonable 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: MSP Boulder Industrial, L.L.C.
19000 West Bluemound Road
Brookfield, WI 53045
If to City: City of Eagan
Attn: Aaron Nelson, City Engineer
3830 Pilot Knob Road
Eagan, MN 55122
With a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A.
Attn: Robert B. Bauer, City Attorney
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 foranyreason held to be invalid, such
decision shall not affect the validity of the remaining portion of this
Agreement.
8. 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.
9. GOVERNING LAw. This Agreement shall be governed by and interpreted
under the laws of the State of Minnesota.
Pj-
ENCROACHMENT AGREEMENT
(Lot 1, Block 1 Boulder Lakes)
(Signature page of the City)
City of Eagan, a Minnesota municipal
corporation
A 44;��
By: Mike Maguire
Its: Mayor
By: Eliza e VanHoose
Its: City Clerk
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this Xd day of
e , 2025, by Mike Maguire and Elizabeth VanHoose, the Mayor and City Clerk
of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation.
00, V.%'Vorfl 6��
KATHERINE J. CARLETON
Notary Public-Minnesota
p••• ' My Commission Expires Jan 31, 2027
ENCROACHMENT AGREEMENT
(Lot 1, Block I Boulder Lakes)
(Signature page of Owner)
MSP Boulder Industrial, L.L.C., a Delaware
limited liability company
By.
Steven B. Hoyt
Its: Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of A
2025, by Steven B. Hoyt, the Manager of MSP Boulder Industrial, L.L.C., a Delaware limited liability
company, on behalf of the limited liability company.
— tl(44'0�°
Notary Public
Elizabeth A L Marana
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: minnesota
My CommLisim Eotes January 31, 2027
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, Minnesota 55124
(952) 432-3136
RBB: 42842
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18727_s—Easement Exhibits
ADDRESS:
3000 Ames Crossing Road, Eagan, Minnesota 55121.
Aft an Anderson Engineering of Minnesota, LLC
136051st Avenue North, Suite 100
Plymouth, MN 55441
ENGINEERING • ARCHITECTURE • LAND SURVEYING 763-412-4000 (o) 763-412-4090 (f)
ENVIRONMENTAL SERVICES • LANDSCAPE ARCHITECTURE www.ae-mn.com
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ADDRESS:
3000 Ames Crossing Road, Eagan, Minnesota 55121.
Anderson Engineering of Minnesota, LLC
136051st Avenue North, Suite 100
Plymouth, MN 55441
ENGINEERING • ARCHITECTURE • LAND SURVEYING 763-412-4000 (o) 763-412-4090 (f)
ENVIRONMENTAL SERVICES 9 LANDSCAPE ARCHITECTURE www.ae-mn.com
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ADDRESS:
3000 Ames Crossing Road, Eagan, Minnesota 55121.
Anderson Engineering of Minnesota, LLC
136051st Avenue North, Suite 100
Plymouth, MN 55441
ENGINEERING • ARCHITECTURE • LAND SURVEYING 763-412-4000 (o) 763-412-4090 (f)
ENVIRONMENTAL SERVICES 9 LANDSCAPE ARCHITECTURE www.ae-mn.com