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(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _____ day of _____________, 2018, by and between the CITY
OF LAKEVILLE, a Minnesota municipal corporation (“City”), and LAKE 46 I, LLC, a
Minnesota limited liability company and LAKE 46, II, LLC, a Minnesota limited liability
company ( collectively, “Owners”).
1. BACKGROUND. LAKE 46 I, LLC and Lake 46 II, LLC 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 1, Block 1, EUGENE FREDERICK ADDITION, Dakota
County, Minnesota, according to the recorded plat thereof.
(“Subject Property”).
The City owns right of way abutting the subject property (“Boulevard Area”). A landscape
plan for the site was approved in conjunction with the Eugene Frederick Addition final plat. The
planting locations of seven trees were adjusted to avoid conflict with an underground gas line. The
trees encroach on the City’s “Boulevard Area” as depicted on the sketch attached hereto as Exhibit
“A”.
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2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its Boulevard Area for the planting and maintenance of the trees subject to the
conditions set forth in this Agreement.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the Boulevard Area, Owners, for themselves, their successors and assigns, hereby agree
to indemnify and hold the City harmless from any damage caused relating to or arising out of the City
granting permission to encroach within the City’s Boulevard Area for the planting and maintenance
of trees, including City’s removal of the trees within the Boulevard Area, caused in whole or in part
by the encroachment into the Boulevard Area.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the then owner of the Subject Property thirty (30)
days advance written notice, except that no notice period will be required in the case of an
emergency condition as determined solely by the City and the Agreement may then be terminated
immediately. If the planted trees interfere with the use, maintenance, or repair of the Boulevard Area,
owners shall remove the interference, including trimming, cutting down or removing any or all trees,
if necessary, at owners’ sole expense. If a tree is to be replaced, it may be done so at owners’ sole
expense, and it shall comply with all terms of this Agreement. If the owners fail to do so the City
may remove trees and charge the cost of removal back to the owners for reimbursement.
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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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
__________________, 2018, by Douglas P. Anderson and by 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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EXHIBIT “A”
[Depiction of Encroachments]