HomeMy WebLinkAboutItem 06.dJuly 9, 2012 Item No.
KERMES /BACKER ENCROACHMENT AGREEMENT
JULY 16, 2012 CITY COUNCIL MEETING
Proposed Action
Staff recommends approval of the following motion: Move to approve the
encroachment agreement between the City and Darren Kermes and Lisa Backer.
Adoption of this motion will allow Kermes /Backer to construct and maintain a sidewalk
with steps in the Orchard Trail street, drainage and utility easement.
Overview
Darren Kermes and Lisa Backer of 19139 Orchard Trail are proposing to construct a
sidewalk with steps between their house and Orchard Trail to improve access to the
house and street for their guests. The driveway is steep which makes walking difficult
particularly in the winter months. City staff and the City Attorney have reviewed the
request and stairway plans as well as the encroachment agreement and determined the
request to be reasonable.
Primary Issues To Consider
• Why is the agreement required and who is responsible for maintenance?
Approximately 14 feet of the sidewalk and steps will be within the Orchard Trail
street, drainage and utility easement. There is no public sidewalk on this cul -de -sac
street The property owner will be responsible for maintenance of the private
sidewalk and steps.
Supporting Information
Encroachment Agreement signed by Kermes /Backer including a private sidewalk plan
exhibit.
aH-4 _
Frank Dempsey, AIC , Asso iate Planner
Financial Impact: $ None Budgeted: Y/N _ Source:
Related Documents (CIP, ERP, etc.):
Notes:
[Reserved for Recording Data]
ENCROACHMENT AGREEMENT
AGREEMENT made this 7 day of 3UL i 2012 by and between the CITY
OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and DARREN G. KERMES, a
single person, and LISA J. BACKER, a single person ( "Owners ").
1. BACKGROUND Owners are the fee owners of certain property in the City of
Lakeville, County of Dakota, State of Minnesota, and legally described as Lot 5, Block 4, Bassett's
Second Addition, with a street address of 19139 Orchard Trail, Lakeville, Minnesota 55044
(hereinafter "Subject Property "). The City owns an easement for drainage and utility purposes over
part of the Subject Property. Owners want to construct a stairway on the subject property which
would encroach on the City's easement.
2. ENCROACHMENT AUTHORIZATION The City hereby approves the
encroachment on its easement for the construction of a stairway from the home to the street.
3. HOLD HARMLESS AND INDEMNITY In consideration of being allowed to
encroach on the City's easement, Owners, for themselves, their heirs and assigns, hereby agree to
indemnify and hold the City harmless from any damage caused to the Subject Property, including
Doc. #165293 v.1
RNK: 9/6/2012
the stairway on the Subject Property, caused in whole or in part by the encroachment onto the City's
easement.
4. TERMINATION OF AGREEMENT If the City wants to use its easement in a
manner that conflicts with the stairway, the City may, at its sole discretion, terminate this
Agreement at any time by giving the Owners of the Subject Property thirty (30) days advance
written notice. The Owners shall remove that part of the stairway encroaching in the easement area
prior to the effective date of the termination of this Agreement. If the owners fail to do so, the City
may remove the portion of the stairway in the easement area.
5. RECORDING This Agreement shall be recorded against the title to the Subject
Property.
CITY OF LAKEVILLE
IN
(SEAL)
Mark Bellows, Mayor
AND
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this l day of
2012, by Mark Bellows 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
STATE OF MINNESOTA )
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this l day of Jr d
2012, by Darren G. Kermes, a single person, and Lisa J. Backer, a single person.
BRIDGET R GRANDBERRY
Notary Public
F Minnesota
s My Comm. Expires
Jan 31, 2015
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (612) 452-5000
RNK
f r
p EnIS TI NG
, CONCRETE
AREA TO STAY
y may. 26.
v
a v t
CL
LLI
cn
15.5 !
Ld
j !
r
15,3 32 \7
24 3,'
° f
OF ASPHALT - ' I " o `/ EXISTI
R' SOUTHWEST
LOT LINE
(TD E
I 4
a'
':)H SETBACK LINE
w