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1899 Covington Lane - Encroachment and Maintenance Agreement for Deck 1899 COVINGTON LANE ENCROACHMENT AND MAINTENANCE AGREEMENT FOR DECK This Encroachment and Maintenance Agreement ("Agreement") is made and entered into this 4+-k-- of , 2009, by and between the City of Eagan, a Minnesota municipal corporation (the "City") d Jon M. Carlson and Bonnie L. Carlson, husband and wife, (the Landowners) The City and Landowners are collectively referred to as the "Parties".. WHEREAS, the Landowners applied to the City for approval of a building permit to construct a deck at the rear of their home at 1899 Covington Lane, located within the City; and WHEREAS, the Landowners are the fee title holders of said real property legally described as Lot 2, Block 1, Park Ridge 2nd Addition (the "Parcel") in Dakota County, j Minnesota; and WHEREAS, the Landowners desire to construct a deck with footings (the "Improvements") to be maintained by the Landowners within certain public drainage and utility easement dedicated on the Parcel (the "Easement"); NOW, THEREFORE, the City and the Landowners agree as follows: 1. Encroachment. The City hereby authorized the Landowners to construct, maintain and repair the Improvements within the Easement subject to the terms of this Agreement. 2. No Waiver. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights in the Easement. 3. Costs. The Landowners shall be responsible for all costs relating to construction, maintenance and repair of the Improvements, all of which Improvements shall be constructed by the Landowners in accordance with the plans and specifications approved by the City (the "Plans"). GAEasementADeck Esmt,1899 Covina on LnAoc 4. Temporary Removal and Reconstruction. If the City requires the use of the Easement for installation, maintenance, removal or replacement of utilities or pond maintenance within the Easement, the Landowners shall be responsible for removal of the Improvements and reconstruction of the Improvements all in accordance with the Plans, and the City's only obligation shall be to fill the excavated area and level the same to the grade that it was prior to the foregoing action by the City. 5. Maintenance. The Landowners shall maintain the Improvements in a safe and aesthetically pleasing condition. 6. Insurance and Indemnification. The Landowners shall name the City as an additional insured for comprehensive liability insurance in an amount not less than the maximum liability coverage on the homeowner policy and shall provide a copy of the insurance certificate to the City contemporaneously with the execution of this Agreement. The Landowners shall indemnify and hold the City and its employees, agents and contractors harmless from (i) and all claims arising out of or related to the use of the Easement or the Improvements by the Landowners or their guests or invitees, and (ii) any and all claims arising out of or related to the maintenance of the Easement by the City or its employees, agents or contractors, including, without limitation, damage to the Improvements caused by their equipment. 7. Default. If the Landowners fail to take any action required in connection with the Agreement, the City may take the action and bill the Landowners for the costs thereof. If the Landowners fail to reimburse the City of 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. Without waiving its other remedies, the City may levy an assessment against the Parcel for all costs incurred by the City, and the Landowners hereby waive any and all rights to challenge or appeal the assessment. 8. 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 Contract. GAE-asements\Deck Esmt,1899 Covington Ln..doc 9. Binding Agreement. The Parties mutually recognize and agree that all terms and conditions of the recordable agreement shall run with the land herein described and shall be binding upon the successors and assigns of the Parties hereto. n"., . Jon M arlson / lcJUyVwc,~ ~ Bonnie L. Carlson STATE OF MINNESOTA)ss. COUNTY OF DA ICoTA ) The foregoing instrument was acknowledged before me this day of 2009 by Jon M. Carlson and Bonnie L. Carlson, husband and wife. JUDY M.JEMNS i ARY PUBLIC • MINNESOTA My Commission Ex pip es Jan. 31, 2010 )otary 1 APPROVED AS TO FORM: -S -o" City Attorney's Office Dated: ~6 APPROVED AS TO CONTENT: Public Works Departt Dated: ' 4 -01 THIS INSTRUMENT WAS DRAFTED BY: CITY OF EAGAN 3830 Pilot Knob Road Eagan MN 55122 651-675-5646 Easement No. 1183 GAEasements0eck Esmt,1899 Covington LnAoc O ~n v # 899 POND AP-15.1 HWL 915.3PROP O / \ DECK 1 / Lot 2, Block 1 V SCALE 1"=40' Description of Encroachment Agreement: That part of Lot 2, Block 1, Park Ridge 2nd Add., Dakota County, Minnesota lying 15.00 feet southwesterly and parallel to the following described line: Commencing at the most westerly corner of said lot 2, thence north 45 degrees 39 minutes 00 seconds east a distance of 126.31 feet to the beginning of the line to NORTH be described; thence south 48 degrees 23 minutes 50 seconds east to the southeasterly line of said Lot 2 and there terminating. Excepting the northwesterly 5.0 feet and the southeasterly 10.0 feet of said Lot 2. City of EgIl 1899 COVINGTON LANE 3-24-09 Engineering Department r' Q LL ~l Hcx~E , .l l~l O ` Ci 199 GoU~~tnl'O~+ ~-i°M~ $pr~N~~ AND 3'C1'~ ~F+C.t~6~1