Encroachment Agreement - L2 B1 Cliff Lake Centre (1960 Cliff Lake Rd)Receipt:#1000507
AGREE $46.00
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SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
Document Number
3702625
ll IIII VIII IIIA VIII VIII VIII 1III Il
Recorded on: 12/4/2025 3:26 PM
By: LMF, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
ENCROACHMENT AGREEMENT
(1960 Cliff Lake Road)
This Encroachment Agreement ("Agreement") is made and entered into this 9'A day of
V Q (em 6�, 2025, by and between the City of Eagan, a Minnesota municipal corporation (the
"City"), and SouthMetro Centers II, LLC, a Minnesota 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 1960 Cliff Lake
Road in the City of Eagan and legally described as Lot 2, Block 1, Cliff Lake Centre, Dakota
County, Minnesota (hereinafter the "Property"); and
WHEREAS, the Owner desires to replace an existing pylon sign (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. REMOVAL AND RELOCATION OF IMPROVEMENT. The City's consent to the
placement of the Improvement within the Easement is conditioned upon the
Owner's agreement that, whenever maintenance, repair, or replacement of
any public facilities within the Easement is required, and such work
necessitates removal of the Improvement, the Owner shall, at its sole cost
and expense, promptly remove the Improvement and shall relocate it
outside of the Easement area. The City shall not be responsible for any costs
or damages associated with the removal, relocation, or reinstallation of the
Improvement. The City's allowance of the Improvement to remain within
the Easement shall not be construed as a permanent authorization or waiver
of its rights to require such removal or relocation at any time.
6. 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.
7. NOTICES. All written communications shall be directed to Owner at:
Southmetro Centers II LLC
Attn: Kriss Novak, Manager
6001 Shady Oak Road South, Suite 210
Minnetonka, MN 55343-9241
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:
Robert B. Bauer, City Attorney
Dougherty, Molenda, Solfest, Hills &-Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
8. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph
or phrase of this agreement is for any reason held to be invalid, such
2
decision shall not affect the validity of the remaining portion of this
Agreement
9. 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.
10. GOVERNING LAW. This Agreement shall be governed by and interpreted
under the laws of the State of Minnesota.
[Signature pages to follow.]
N
ENCROACHMENT AGREEMENT
(1960 Cliff bake Road)
(Signature Page of the City)
City of Eagan
By.
Mike Magu' e
Its: Mayor
By: _ C�pt&' -nz
Elizabeth VanHoose
Its: City Clerk
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 2 day of
IS 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.
if"'ANGTELA D. FAISOiVNoy Public -Minnesota Notary Pub lc
My Commission Expires Jan. 31, 2030
!I
ENCROACHMENT AGREEMENT
(1960 Cliff Lake Road)
(Signature Page of the Owner)
SouthMetro Centers 11, LLC, a Minnesota limited
liability company
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this i day of
2025, by_
the ;K� I of
SouthMetro Centers 11, LLC, a Minnesota limited liability company, on behalf of the limited liability
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: 44424
•0 0 r ' EXHIBIT "A"
• � • e e r
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'--` Monument Sign Encroachment Agreement
Lot 2, Block 1, Cliff Lake Center
EAGAN 1960 Cliff Lake Road
An area of encroachment within a city drainage and utility easement, located over, under and across that part of Lot 2, Block 1, Cliff Lake Center,
according to the recorded -plat thereof; -Dakota County, -Minnesota. The -encroachment -area -is -to -allow -a monument sign within the-c-ity-drainage
and utility easement.
Monument Sign Encroachment Area
City of Eagan - 20' Drainage & Utility Easement
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*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 affect said land or any improvements to said land. Not to Scale
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An area of encroachment within a city drainage and utility easement, located over, under and across that part of Lot 2, Block 1, Cliff Lake Center,
according to the recorded -plat thereof; -Dakota County, -Minnesota. The -encroachment -area -is -to -allow -a monument sign within the-c-ity-drainage
and utility easement.
Monument Sign Encroachment Area
City of Eagan - 20' Drainage & Utility Easement
N
*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 affect said land or any improvements to said land. Not to Scale