Encroachment Agreement - Fully Executed & RecordedPlease record and return
to tfle City of Eag3n.
Receipt:# 982883
AGREE $46.00
Return to:
LENNAR TITLE
3601 MINNESOTA DRIVE
STE 825
ATTN MELISSA FREDIN
BLOOMINGTON MN 55435
ENCROACHMENT AGREEMENT
Trails End Commons
Document Number
895537
111111111111111111111111111111111111111
Recorded on: 7/28/2025 11:59 AM
By: WVIP, Deputy
Cert # 191252
Office of the Registrar of Titles
Dakota County„ Minnesota
Arny A. Koethe. Registrar of Titles
[(WA
This Encroachment Agreement ("Agreement") is made and entered into thisday of
, 2025, by and between the City of Eagan, a Minnesota municipal corporation (the
"City"), and DRP MN 1, LLC, 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 at the southeast corner
of Yankee Doodle Road and Elrene Road in the City of Eagan and legally described as Lots 1-67,
Block 1, Trails End Commons, Dakota County, Minnesota (hereinafter the "Property"); and
WHEREAS, the Owner desires to maintain retaining walls (the "Improvement") in the
City's existing drainage and utility easement (the "Easement") lying over, under and across Lot
67, Block 1 and Lot 39, Block 2, Trails End Commons, Dakota County, Minnesota lying within
�9 the following described area:
Wall A located within Lot 67 Block 1 north and east of Lots 18 — 32 Block 1; Wall
B located within Lot 67 Block 1 north and east of Lots 31 and 32 Block 1; Wall C
located within Lot 67 Block 1 northeast and southeast of Lots 33, 34, 35 and 36
Block 1; and Wall D located within Lot 39 Block 2 north of Lot 12 Block 2 as
depicted on Exhibit A.
See also Exhibit "A" attached hereto and incorporated herein; 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:
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 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.
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:
DRP MN 1, LLC
2780 Snelling Avenue North, Suite 101
Roseville, MN 55113
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
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
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.
[Signature pages to follow.]
ENCROACHMENT AGREEMENT
Trails End Commons
(Signature page of City)
City of Eagan, a Minnesota
municipal corporation
By: Mike Maguirgi
Its s lmwor: v ,
$y: 1rLieth �anFIbs�c
It s:`ryl�k.
e I r "� i u•; b l
-STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
On this day of , 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 duly sworn, each did say that they are respectively the Mayor and City Clerk of the
City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf
of said municipality by authority of its City Council and said Mayor and Deputy Clerk acknowledged
said instrument to be the free act and deed of said municipality.
+' 7ANELA D. FA'80y Public -Minnesota
ssion Expires Jan. 31, 2030
Notary Public
ENCROACHMENT AGREEMENT
Trails End Commons
(Signature page of Owner)
DRP MN 1, LLC, a Delaware limited liability company
By:
RIAS G�-,Rt�fiid
Its: T1�t�2/�tr) S/6i✓1RTJRN
STATE OF DMM560 . )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this I A' day of
2025, by all C,tQ\0n , the k&PW bio of DRP MX 1, LLC, a
Delaware limi ed liability company, on behalf of the limited liabili company.
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST,
HILLS & BAUER P.A.
14986 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
RBB: 42159
Notary blic
JANEEN A Cl AUSQN
-=E
.
Notary Public
Minnesota
-A.M.��1 R
My Commission Expires
Jan 31, 2027
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST,
HILLS & BAUER P.A.
14986 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
RBB: 42159
Notary blic
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EXHIBIT "A"