HomeMy WebLinkAboutItem 06.cJuly 2, 2012 Item No.
Proposed Action
HOSANNA CHURCH ENCROACHMENT AGREEMENT
JULY 16, 2012 CITY COUNCIL MEETING
Staff recommends approval of the following motion: Move to approve the
encroachment agreement between the City and Hosanna! Lutheran Church.
Adoption of this motion will allow Hosanna! to install and maintain landscaping in the
public drainage and utility (ponding) easement located on the Hosanna! property.
Overview
Hosanna! Lutheran Church is beginning construction on a chapel addition to the church
that was approved as part of the Hosanna Fourth Addition in 2011. Representatives of
the church have requested to make landscape improvements to the area north of the
chapel that would include the stormwater basin within a public drainage and utility
easement. City staff has reviewed the plans and the encroachment agreement and
determined the request to be reasonable.
Primary Issues To Consider
• Who is responsible for the landscaping improvements if the City has to access or
maintain the property within the drainage and utility easement? Hosanna! Lutheran
Church will be responsible for all landscaping within the drainage and utility
easement. There will be no buildings or structures within the easement.
Supporting Information
• Encroachment Agreement signed by Hosanna! including a landscape plan exhibit
--/- _.PjVtil
Frank Dempsey, AI Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):Zoning Ordinance
Notes:
CITY OF LAKEVILLE, a Minnesota municipal c rporation ( "City "), and HOSANNA!
LUTHERAN CHURCH OF LAKEVILLE, a Minnesota nonprofit corporation, ( "Hosanna ").
1. BACKGROUND. Hosanna is the fee owner of the following property located in
the City of Lakeville, County of Dakota, State of Minnesota:
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this , day of ( , 2012, by and between the
164913v1
PID No. 22- 33353 -01 -010
Lot 1, Brock 1, Hosanna 4th Addition, according to the recorded plat
thereof, Dakota County, Minnesota.
(Abstract and Torrens Property)
having a street address of 9600 163 Street West, Lakeville, Minnesota ( "subject property "). The
City owns easements for drainage and utility purposes over portions of the subject property.
Hosanna wants to install landscaping around the storm water pond on the subject property which
will encroach into the City's drainage and utility easement area as depicted on the attached survey
sketch.
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2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment for the installation of landscaping around the storm water pond within its drainage
and utility easement area on the subject property as depicted on the attached landscape plan subject
to the conditions set forth herein. If the City at any time deems that the landscaping interferes with
the City's access, use or maintenance of its easement area, the same must be removed by Hosanna
at its sole expense.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement area, Hosanna, its successors and assigns, hereby agrees to
indemnify and hold the City harmless from any damage caused to the subject property, including
the landscaping on the subject property, caused in whole or in part by the encroachment into the
City's easement 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. The property owner shall remove the landscaping to the effective date of
the termination of this Agreement. If the owner fails to do so the City may remove the landscaping
and charge the cost of removal back to the property owner for reimbursement.
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the subject property.
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STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
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CITY OF LAKEVILLE
BY:
(SEAL) Mark Bellows, Mayor
AND
The foregoing instrument was acknowledged before me this day of
, 2012, by Mark Bellows and by Charlene Friedges, 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.
Charlene Friedges, City Clerk
NOTARY PUBLIC
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STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
AMP /cjh
164913v1
PROPERTY OWNER:
HOSANNA! LUTHERAN CHURCH OF LAKEVILLE
The foregoing instrument ws� cknowled &ed b
, 20 2, by Al- I
e-
4 f Hosanna! Lu
corporation, on behalf of said corporation.
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pre me this ' day of
/ LT/ 2// the
eran Church of Lakeville, a Minnesota nonprofit
--s"'"'"" MARYANNE STRONG
NOTARY PUBLIC
MINNESOTA
m My Commission Erp an. 31, 2013
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