4320 Trenton Trail - Encroachment Agreement Receipt:#999002 Document Number
AGREE $46.00 3701098
SReturn to:
IMPLIFILE I IIIIII II II VIII VIII VIII VIII VIII IIII IIII
5072 NORTH 300 W
Recorded on:11/20/2025 2:57 PM
PROVO UT 84604 By:ENY,Deputy
Office of the County Recorder
Dakota County,Minnesota
Amy A.Koethe,County Recorder
ENCROACHMENT AGREEMENT
4320 Trenton Trail
This Encroachment Agreement ("Agreement") is made and entered into this IS*day of
oq em� , 2025,by and between the City of Eagan, a Minnesota municipal corporation(the
"City"), and Anthony W. Chan and Kelly S. Chan, husband and wife (collectively 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 4320 Trenton Trail
Drive in the City of Eagan and legally described as Lot 5, Block 7,Northview Meadows, Dakota
County, Minnesota(hereinafter the "Property"); and
WHEREAS, the Owner desires to maintain a retaining wall (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:
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:
Anthony W. Chan
Kelly S. Chan
4266 Daniel Drive
Eagan, MN 55123
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
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.]
2
ENCROACHMENT AGREEMENT
4320 Trenton Trail
(Signature Page of the City)
City of Eagan, a Minnesota municipal
corporation
By:
Mike Maguir-17
Its: Mayor
By: �.
Elizabeth VanHoosc'
Its: City Clerk
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ' ®' day of
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.
#.,, ANGELA
pp�p eye.® pw�y �V, f !ISON
Notary Public-Minnesotaty C®mmissi®n Expir®s Jan.31,2434 Notary PUb11C
3
ENCROACHMENT AGREEMENT
4320 Trenton Trail
(Signature Page of the Owner)
Anthony W. Chan
4f L", /V 1-4m
Kelly S. Chan
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 30'day of cAp b-e/- ,
2025,by Anthony W. Chan and Kelly S. Chan,husband and wife.
F
M""'
LARAE WELCHER
Notary Public-Minnesota
�r... My Commission Expires Jan.31,2030 Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOUGHERTY, MOLENDA, SOLFEST
HILLS &BAUER P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
RBB: 44035
4
S'URVEYOR'S CERTIFICATE KEYLAND HOMES
4320 TRENTON TRAIL
TRENTON TRAIL
0
(�N64031'44"E
- 60.00 - - 684)
10 0
971.7
20.0
AI
J
co 2.0 o `r}
O SL O O 1 \�22.0
o w
�I UM 1� 1, o PROPOSED \\ O v Z
+
01 HOUSE N O
PROPOSED GRADES WERE TAKEN ' ° � 0.0
FROM THE DEVELOPMENT PLAN q 11,7 7r. O
FOR NORTHVIEW MEADOWS BY O O .
SUBURBAN ENGINEERING, LAST p
DATED 9-29-83. N ILOT
N
DRAINAGE a UPLIT
t 5 EASEMENT PER PLAT 0
969.0) 60.00
60.00 g6a.z)
N 64'31'44"EJ "1-7-
-�--- DENOTES PROPOSED SURFACE DRAINAGE I
O DENOTES IRON MONUMENT SET SCALE: I INCH = FEET
• DENOTES IRON MONUMENT FOUND PROPOSED GARAGE FLOOR = 972. FEET
X000.0 DENOTES EXISTING ELEVATION PROPOSED LOWEST FLOOR = 969.2 FEET
(000.0) DENOTES PROPOSED ELEVATION PROPOSED TOP OF BLOCK = 972.4 FEET
I HEREBY CERTIFY TO KEYLAND HOMES THAT THIS IS A TRUE AND--CORRECT REPRESENTATION OF
A SURVEY OF THE BOUNDARIES OF:
Lot 5, Block 7, NORTHVIEW MEADOWS, according to the recorded plat thereof,
Dakota County, Minnesota.
AND OF THE LOCATION OF A PROPOSED BUILDING. IT DOES NOT PURPORT TO SHOW IMPROVEMENTS
OR ENCROACHMENTS, IF ANY, THEREON. AS SURVEYED BY ME, OR UNDER MY DIRECT SUPERVISION,
THIS 12TH DAY OF FEBRUARY, 1985.
APPROVED FOR SIENNA CORPORATION SIGNED: AM ILL, INC.
BY: BY:
DATED THIS_ DAY OF HA OLD C. PETERSON; LAND SURVEYOR
1985. MINNESOTA LICENSE NO, 12294
..!
PROJECT NO. BOOK i PACE JAMES R. HILL, INC.
85438 Planners / Engineers / Surveyors
FILE NO. 8200 Humboldt Avenue South
FOLDER ' Bloomington, Mn. 55431 612-884-3028
EXHIBIT"A"