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610 Opperman Dr - Encroachment Agreement - Outlot B & C, West Publishing Co 8th AdditionReceipt:# 993048 AGREE $46.00 MEM $20.00 Return to: SIMPLIFILE 5072 NORTH 300 W Document Number 897837 IIIIII VIII VIII VIII VIII IIII IIII IIII Recorded on: 10/9/2025 1:53 PM By: CAC, Deputy PROVO UT 84604 Cert # 191486 191487 Office of the Registrar of Titles Dakota County, Minnesota Amy A. Koethe, Registrar of Titles ENCROACHMENT AGREEMENT Outlots B and C, West Publishing Company 8` Addition This Encroachment Agreement ("Agreement") is made and entered into this _r day of _October. , 2025, by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and Amazon.com Services LLC, 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 Outlots B and C, West Publishing Company 8th Addition, Dakota County, Minnesota (hereinafter the "Property"); and WHEREAS, the Owner desires to allow Minnesota Energy Resources Corporation ("MERC") to enter upon the Property for the purpose of installing and maintaining a 6 -inch diameter polyethylene gas main (the "Improvement") within the City's existing conservation easement document no. 889669 (the "Easement"), 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 by MERC 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 MERC to construct, maintain and repair the Improvement within the Easement. The Parties acknowledge that the Improvement will be constructed, operated, and maintained by MERC, with the consent of the Owner, and at no cost to the City. 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 and MERC shall be responsible for all costs relating to the construction, maintenance and repair of the Improvements. 4. ASSUMPTION OF RISK. Owner acknowledges that any future maintenance or repair activities by the City or its agents within the Easement may damage the Improvement. Owner assumes all risk of such damage and waives any claim against the City and/or its agents arising therefrom. 5. NOTICES. All written communications shall be directed to Owner at: Amazon.com Services LLC c/o Amazon.com, Inc. 410 Terry Avenue North Seattle, WA 98109 Attn: Real Estate Manager (NA Ops: STP 1) Attn: General Counsel (Real Estate (NA Ops): STP 1) Attn: NA Ops Asset Management (STP 1) With copies to: naops-propmgmt@amazon.com; opsrelegalnotice@amazon.com; na-realestate@amazon.com; naops-rent@amazon.com All written communications shall be directed to the City at: City of Eagan Attn: Ben Perkey, Assistant 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 6. 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. 7. 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. 8. GOVERNING LAw. This Agreement shall be governed by and interpreted- under nterpretedunder the laws of the State of Minnesota. [Signature pages to follow.] ENCROACHMENT AGREEMENT 2 Outlots B and C, West Publishing Company 8" Addition (Signature Page of the City) City of Eagan, a Minnesota municipal corporation By: Ak &44) Mike Maguire Its: Mayor By: Eliza eth anHoose Its: City Clerk STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 47 day of OM W , 2025, by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. %_A7�5a 'O'f Notary Public ( Y KATHERINE J. CARLETON n ;-,�: � Notary Public -Minnesota .: raa�ai My Commission Expires Jan 31, 2027 Outlots B and C, West Publishing Company 81" Addition (Signature Page of the Owner) Amazon.com Services, LLC, a Delaware limited liability company By: Fredrick Lutz_ Its: Authorized Signatory STATE OF TENNESSEE) ) ss. COUNTY OF DAVIDSON) The foregoing instrument was acknowledged before me this _2nd_ day of October , 2025, by _Fredrick Lutz_, the _Authorized Signatory of Amazon.com Services LLC, a Delaware limited liability company, on behalf of the limited liability company. Notary Public — Maja;,"Cvjetkovic THIS INSTRUMENT WAS DRAFTED BY:`­xf�a���® �r DOUGHERTY, MOLENDA, SOLFESTs OF@@ HILLS & BAUER P.A. TE NESSEE NOTARY a 14985 Glazier Avenue, Suite 525 ® PUBLIC a.� Apple Valley, MN 55124 g�y�;°e°®.®®®•®�®'s (952) 432-3136 °°� �r�lorob����®�1 RBB: 28217 I SF6 4 © 2025 Westwood Professional Services, Inc. POINT OF CONSERVATION EASEMENT OUTLOT B, WEST PUBLISHING COMPANY STH ADDITION A EASTERLYT B, -� OF OUTLOT B, N WEST PUBLISHING COMPANY 8TH •® ADDITION N 01 0 S90°00'00"E 376.08 �l � -= \ is o 0 0 I NORTH LI OF OUTLOT C 4 GAS ` Lb WEST PUBLIS G EASEMENT COMPANY 8TH DITION POINT OF TERMINATION �66�0 'o 0 OUTLOT ^ �Ir� n n 1 `INSTALL 6°' PE IN I /—ti if v 12° EASEMENT WEST UNE OF OUTLOT C, WEST PUBLISHING COMPANY STH ADDITION OUTLOT C a �— CONSERVATION ^ T I I A r -'x I-1 I T I/ 1 A EASEMENT OUTLOT C, ! F 7 /—1 L/ lJ I I t lJ I v WEST PUBLISHING r 1f COMPANY 8TH ADDITION z i r � r r r EASEMENT DESCRIPTION o \ o b \ �a 2� r �O " O n 1 k 0 a zG`A� X \ 0' 100' 200' WEST PUBLISHING COMPANY 8TH ADDITION EAGAN, MINNESOTA A 12.00 foot wide Easement across that part of Outlot B and Outlot C, WEST PUBLISHING COMPANY 8TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, the centerline of which is described as follows: Commencing at the southwest corner of said Outlot C; thence North 27 degrees 19 minutes 18 seconds West, assumed bearing along the west line of said Outlot C, a distance of 577.09 feet, thence Northerly continuing along said west line, along a tangential curve, concave to the East, having a central angle of 00 degrees 78 minutes 55 seconds, a radius of 2,597.49 feet for on arc distance of 14.26 feet to the point of beginning of the centerline to be described; thence South 90 degrees 00 minutes 00 seconds East, a distance of 376.08 feet thence North 66 degrees 04 minutes 73 seconds East, a distance of 237.69 feet to a easterly line of said Outlot 8 and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said west line of Oulot C and the easterly line of Outlot B. • • • Phone (952) 937-5150 12701 Whitewater Drive, Shite g300 Fax (952) 937-5822 Minnetonka, MN 55W TdRae (888)!)37-5150 VAWAY00lPpG011° SWV1C1%ftM EXHIBIT "A" SHEET NUMBER: GAS SERVICE 1 EASEMENT EXHIBIT OF 1 OUTLOT B AND C DATE: 09/17/2025 PROJECT NUMBER: 0052283.00