610 Opperman Dr - Railroad Crossing Repair Agreement - Fully Executed & RecordedReceipt:# 1005623
Document Number
900791
AGREE $46.00
to:
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SReturn
IMPLIFILE
5072 NORTH 300 W
Recorded on: 1/12/2026 3:39 PM
PROVO UT 84604
By: CAC, Deputy
Cert # 192967
Office of the Registrar of Titles
Dakota County, Minnesota
Amy A. Koethe, Registrar of Titles
RAILROAD CROSSING REPAIR AGREEMENT
This Railroad Crossing Repair Agreement ("Agreement") is made and entered into this
day of N OV ewlkn r > 2025, by and between Eagan Property Owner, LLC, a Delaware
limited liability company (the "Developer"); and the City of Eagan, a Minnesota municipal
corporation (the "City"). The Developer and City are hereinafter referred to as the "Parties."
WHEREAS, the Developer is the fee owner of real property legally described as Outlot A,
West Publishing Company 10t1' Addition, Dakota County, Minnesota (the "Property"); and
WHEREAS, in connection with the development of the Property, the Developer is
proposing to construct a public road known as "Opperman Drive;" and
WHEREAS, Opperman Drive crosses a railroad known as "Canadian Pacific Kansas City"
(the "Railroad Crossing"); and
WHEREAS, as a condition of approval of the development, the City requires that
Developer reimburse the City for all associated costs required to maintain, at all times, the Railroad
Crossing in good working order.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as
follows:
MAINTENANCE OF RAILROAD CROSSING. The City shall, at all times, maintain the
Railroad Crossing in good working order to the satisfaction of the owner of the
Railroad Crossing.
2. PAYMENT OF COSTS. As the City incurs costs to maintain the Railroad Crossing,
and if the Developer does not, within thirty (30) days, reimburse the City such
actual costs, the City may recover its costs by levying a special assessment against
the Property. The Developer, on behalf of itself and its successors and assigns,
hereby acknowledges the benefit of such maintenance to the Property and waives
any rights to hearings or notice of hearings relating to the levying of any City
assessments or the right to contest the assessments under Minnesota Statutes §
4853-4636-2360\7
429.081, provided that such assessments were reasonable and properly levied in
accordance with this Agreement and applicable law.
3. NOTICES. Any notice required or permitted under this Agreement shall be in writing
and shall be deemed to be given when and if sent by certified mail, return receipt
requested, postage prepaid, properly addressed as follows, or such other address as
may hereafter be designated in writing by either of the Parties:
In the case of the City, notices shall be mailed to:
City of Eagan
Attn: Russ Matthys, Public Works Director
3830 Pilot Knob Road
Eagan, MN 55121
Phone: (651) 675-5637
Email: russ.matthys@eagammm.gov
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
Phone: (952) 953-8847
Email: rbauer e,dmshb.com
In the case of the Developer, notices shall be mailed to:
Eagan Property Owner, LLC
c/o Ryan Companies US, Inc.
Attn: Peter Fitzgerald
533 South Third Street, Suite 100
Minneapolis, MN 55415
E -Mail: Peter. fitz erald ,ryancompanies.com
With a copy to:
Eagan Property Owner, LLC
c/o Ryan Companies US, Inc.
Attn: Chief Legal Officer
533 South Third Street, Suite 100
Minneapolis, MN 55415
E -Mail: debra.altschuler@lyancompanies.com
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4853-4636-2360\7
4. COVENANTS RUN WITH THE LAND. All of the covenants, obligations, provisions,
and conditions contained herein shall run with the land and shall be binding upon
the Parties and their successors and assigns.
5. GOVERNING LAwNENUE FOR DISPUTE. This Agreement shall be governed by and
interpreted under the laws of the State of Minnesota. The Parties agree that any
litigation or claims arising out of or relating to this Agreement shall be filed in and
heard by any state or federal court within the State of Minnesota.
[Signature pages to follow.]
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4853-4636-2360\7
RAILROAD CROSSING REPAIR AGREEMENT
Signature Page for the City
CITY OF EAGAN,
a Minnesota municipal corporation
004�
By: Mike Magi&e
Its: Mayor
By: lizabeth Van -Hoose
Its: Clerk
APPROVED AS TO CONTENT -
By: Public Works Direct6r
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA )
APPROVED AS TO FORM:
By: City Attorney
On this / 8 4-b 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 Clerk of the City of Eagan, the municipality named in the foregoing
instrument, and that the seal affixed in behalf of said municipality by authority of its City
Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of
said municipality.
V,ANG?ELA D.FAISON
Notry Public -Minnesota
My Commission Expires Jan, 31, 2030
4
4853-4636-2360\7
CA�_�� -
Notary Public
c
RAILROAD CROSSING REPAIR AGREEMENT
Signature Page for the Developer
Eagan Property Owner, LLC
a Delaware limited liability company
By: Ryan Companies US, Inc.,
a Minnesota comoxation
Its: Sole
By:
Name: Lisa •o
Its: Chief Finarilial and Adlustrative Officer
STATE OF A41jl,4 S fOl )
) ss
COUNTY OF 14ffl;IWIkj
The foregoing instrument was acknowledged before me this /3 10 day of
NVfy b tom✓ , 2025, by Lisa Kro, Chief Financial and Administrative Officer of Ryan
Companies US, Inc., a Minnesota corporation, the Sole Member of Eagan Property Owner, LLC,
a Delaware limited liability company.
THIS INSTRUMENT WAS DRAFTED BY:
—.11, ���
Notary Public
Dougherty, Molenda, Solfest, Hills & Bauer P.A. (RBB)
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952)953-8840
(RBB: 41887) When Recorded Return To:
First American Title Insurance c mpd
National commercial Services
121 South 8th Street, Ste 1250
Minn,T6 M(5402
4853-4636-2360\7
?'r''''t>
LEAH R BRUNER
�,w -?:'
NOTARY PUBLIC
"A"
s"._ ,.:
MINNESOTA
`�"'`��''
My Commission Expires Jan. 31, 2027
THIS INSTRUMENT WAS DRAFTED BY:
—.11, ���
Notary Public
Dougherty, Molenda, Solfest, Hills & Bauer P.A. (RBB)
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952)953-8840
(RBB: 41887) When Recorded Return To:
First American Title Insurance c mpd
National commercial Services
121 South 8th Street, Ste 1250
Minn,T6 M(5402
4853-4636-2360\7