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(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _______ day of _____________, 2017, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and DARRIN KING AND
SHERRIE KING, husband and wife, (the “Kings” or “Owners”).
1. BACKGROUND. The Kings are the fee owners of certain real property located in
the City of Lakeville, County of Dakota, State of Minnesota, legally described as follows:
Lot 12, Block 2, and the East 10 feet of Lot 11, Block 2, Kingswood
Estates, according to the recorded plat thereof, Dakota County, Minnesota,
having a street address of 16515 Kingswood Drive, Lakeville, Minnesota (“Subject Property”). The
City owns easements for drainage and utility purposes over portions of the Subject Property.
Retaining walls have previously been constructed on the City’s easements within the Subject
Property which encroach on the City’s easement areas as depicted on the survey sketch attached
hereto as Exhibit A.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment of the retaining walls in its easement areas on the Subject Property. Further
conditions of encroachment approval are as follows:
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• The retaining walls located on the Subject Property shall not impact or increase water
drainage on the abutting property or cause any adverse drainage patterns or erosion to the
abutting property.
• The Kings agree that the construction of the retaining walls are consistent with all
applicable federal, state and local laws and regulations.
• The Owners of the Subject Property will own and maintain the retaining walls.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement areas, the Kings, for themselves, their heirs, successors and assigns,
hereby agree to indemnify and hold the City harmless from any damage caused to the Subject
Property, including the retaining walls in the City’s easement areas, caused in whole or in part by
the encroachment into the City's easement areas.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this agreement at any time if the City needs to occupy the easements for drainage and
utility purposes by giving the then owner of the Subject Property thirty (30) day advance written
notice. The owner of the Subject Property may be required to remove the retaining walls if it is
deemed necessary by the City in order to exercise the purpose of the existing drainage and utility
easement. If the owner fails to do so, the City may remove the retaining walls and charge the cost
of removal back to the owner for reimbursement. No notice under this paragraph shall be required
in the event of an emergency condition determined solely by the City and the Agreement may then
be terminated immediately.
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
[Remainder of Page Intentionally Left Blank]
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CITY OF LAKEVILLE
By: _____________________________________
(SEAL) Douglas P. Anderson, Mayor
And ____________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _________ day of
__________________, 2017, by Douglas P. Anderson and Charlene Friedges, respectively the
Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
______________________________________
Notary Public
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PROPERTY OWNERS:
Darrin King
Sherrie King
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2017, by Darrin King and Sherrie King, husband and wife.
______________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh
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EXHIBIT “A”