HomeMy WebLinkAboutItem 04Memorandum
City of Lakeville
Parks & Recreation
To: Honorable Mayor and Members of the City Council
From: Brett Altergott, Parks & Recreation Director
Copy: Steve C. Mielke, City Administrator
Date: October 24, 2013
Subject: Encroachments Into City Owned Outlot, Right -of -Way, Drainage and Utility
Easement and Front Yard Setback.
Background Information:
Earlier this summer it was brought to the City's attention that Fernando and Brenda
Thadepalli, the home owners located at 19164 Iteri Avenue, had encroached into an adjacent
City owned outlot with a stone patio, seating area, decorative walls, landscaping and a
pergola. In addition, a portion of the improvements are located within the public right -of-
way, a drainage and utility easement and the 30' front yard setback along Iteri Avenue
The property owner was contacted regarding the encroachments and staff consulted the City
Attorney and discussed the following options:
1. Require the homeowners to remove all the encroachments and return the area to its
previous condition.
2. Provide an opportunity for Fernando and Brenda Thadepalli to purchase a portion of
Outlot B that includes the encroachments, remove the encroachments from the right -
of -way and provide an agreement for the portion of the encroachments that are
within the drainage and utility easements.
Analysis of Options:
The portion of the outlot adjacent to Fernando and Brenda Thadepalli home is approximately
75 feet wide and includes an 8 foot wide bituminous trail connection which serves as an
access point to a larger greenway area dedicated to the City as Outlot B with The Greenway 1
Addition final plat - see aerial photo. Typically, the entrances to greenways run between
homes, are no more than 20 feet to 30 feet wide including the trail. This particular entrance
to the greenway is approximately 75 feet wide and includes approximately 4,256 square feet
of excess land adjacent to Fernando and Brenda Thadepalli property that is maintained by the
City.
4
In reviewing the options with Fernando and Brenda Thadepalli they preferred the option of
purchasing the excess area of Outlot B that included the encroachments and correcting the
other encroachments within the right -of -way, the 30 foot setback area and within the
drainage and utility easement as necessary and comply with the following conditions:
1. Provide the City with a certificate of survey prepared and signed by a licensed land
surveyor detailing the existing and proposed parcel boundaries prepared at the
homeowner's expense.
2. Pay all costs incurred by the City associated with the sale of the property, including
but not limited to, attorney fees, recording fees, and title fees.
3. Remove the pergola and large stones from within the Iteri Avenue public right -of-
way.
4. All landscaping, including plant material and mulch, between the existing trail and
the proposed property boundary must be removed and the area restored back to turf
(sod).
5. Sign an encroachment agreement acknowledging the City and utility providers have
the right to remove any landscaping (including the stone patio, seating area and
decorative walls) that are within the draining and utility easement if work needs to be
performed within the public easement and any replacement of these items would be
done at the property owners expense. The encroachment agreement will be
recorded against the property.
6. Agreement on a proposed sale price based upon the increased value of the property.
Recommendation
In the attached letter dated September 13, 2013, Fernando and Brenda Thadepalli agreed to
the conditions as outlined above. Therefore, staff is recommending the sale of 4,256 square
feet (.098 acres) of excess area of Outlot B, The Greenway 1' Addition to Fernando and Brenda
Thadepalli for $12,768 ($3.00 per square foot x 4,256 square feet = $12,768). The proceeds
from the sale will be deposited into the Park Dedication Fund.
Staff will be available at the October 28th City Council work session to review and discuss the
outlined encroachment issues and the recommended option. If you have any questions
before the work session, please contact me at 952 - 985 -4601 or at baltergott@lakevillemn.gov
Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a
legal document and should not be substituted for a title search,appraisal, survey, or for zoning
verification, Dakota County assumes no legal responsibility for the information contained in this data.
Map Scale
1 Inch = 507 feet
10/24/2013
Parcel ID
Owner
Use 2
Use 3
Use 4
Homestead
Building Style
Foundation Sq Ft
227582603070
FULL HOMESTEAD
SPLIT LEVL
Dakota County, MN
Bedrooms
FERNANDO H THADEPALLI Bathrooms
Joint Owner BRENDA A THADEPALLI Garage Sq Ft 318
Owner Address 19164 ITERI AVE Other Garage DB TUC GAR
Misc. Building
7
4
Owner Address2
City/State /Zip LAKEVILLE MN 55044 Estimated Land Value $97,400
Common Name Estimated Building Value $327,100
Site Address 19164 ITERI AVE Total Estimated Value $424,500
Municipality LAKEVILLE Special Assessments $0
Primary Use Residential Total Property Tax $4,614.38
Date of Sale (Improved) 4/16/2004
Sale Value (Improved) $492,801
Date of Sale (Vacant)
Sale Value (Vacant)
Year Built 2003 Total Acres 0.28
Building Type S.FAM.RES School District 194
Watershed District VERMILLION RIVER
2468 Plat Name THE GREENWAY 2ND ADDITION
Above Grade Finished Sq Ft 3332 Tax Description
Finished Sq Ft 4916 Lot and Block 7 3
[Frame WOOD
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This Is not a
legal document and should not be substituted for a tide search,appraisal, survey, or for zoning verification.
Dakota County assumes no legal responsibility for the Information contained in this data.
Map Scale
1 inch = 63 feet
10/23/2013
September 13, 2013
City of Lakeville
Mr. Brett Altergott
Parks & Recreation Director
20195 Holyoke Avenue
Lakeville, MN. 55044
Mr. Altergott,
We are writing to thank you for the time spent during our recent phone conversation on Sept 12, 2013.
We also wanted to summarize our present understanding and agreement with your proposals.
We have chosen Jacobson Surveying of Lakeville to provide us with a certificate of survey to detail the
existing and proposed parcel boundaries. This survey will be provided at our expense. Obviously, the
requested date of September 18th will not be feasible, however we continue to remain hopeful that this
can be accomplished by months end. I will keep you abreast of the situation.
We understand and agree to the following:
• We agree to pay all costs, including the City's, associated with the potential sale of said City
property, including, but not limited to , attorney fees, recording fees and title fees and the like.
• We agree to remove the outcroppings ( i.e. large stones or "hardscape " -) from the public right
of way.
• We agree to the removal of the non - compliant pergola and outcroppings (large stones) from the
public right of way. We would also appreciate a copy of the document you mentioned outlining
City ordinances for structures in the right of way from Eugene Abbott.
• We continue to agree to sign a Memorandum of Understanding (MOU) acknowledging that the
City and utility providers have the right to remove any landscaping when working within the
public easement.
• We understand that our counter - proposed fee of $2.00 per sq. ft. is lower than the estimated
worth of comparables in today's real estate market. After our phone discussion, we understand
more clearly how the price of 3.00 per sq. ft. was reached. However, we remain optimistic that
once the survey is complete, we can find a price that is mutually agreeable to both parties.
We continue to sincerely appreciate your time and willingness to work with us on the matter.
Respectfully,
Fernando Thadepalli
Brenda Thadepalli
19164 Iteri Avenue
Lakeville, MN. 55044
gilt/44
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