HomeMy WebLinkAboutItem 06.p6 - IAIV�is
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June 12, 2014 Nllc=re Item No.
APPROVE ENROACHMENT AGREEMENTS FOR
PRIVATE DRAIN TILE SYSTEMS WITHIN PUBLIC EASEMENTS
June 16, 2014 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve encroachment
agreements with Humphreys, Lawrence, Scholta, Mohr and Rice for the installation of
private drain tile systems within public easements.
Passage of this motion will authorize the property owners at 17700 and 17704 Fontina
Path, 17691 Formosa Avenue and 17686 and 17690 Fortune Trail to install and maintain
private drain the systems within public easements.
Overview
Wade and Nicola Humphreys (17700 Fontina Path), Michael and Lisa Lawrence (17704
Fontina Path), Owen and Nancy Scholta (17691 Formosa Avenue), David and Andrea
Mohr (17686 Fortune Trail) and Scott and Rebecca Rice (17690 Fortune Trail) are
requesting to install private drain tile systems within public easements to improve
drainage within their yards. The property owners will be responsible for installing and
maintaining the private drain the systems and restoring the disturbed area.
Primary Issues to Consider
• What happens if the City needs to use/access the public easement? The property
owners are responsible for the cost of removing the private drain tile systems if
the City determines the public easements must be utilized for drainage or utility
purposes.
Supporting Information
• Encroachment Agreements
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Financial Impact: None Budgeted: N/A Source: N/A
Related Documents (CIP, ERP, etc.):
Notes:
[reserved for recording infonnation]
ENCROACHMENT AGREEMENT
AGREEMENT made this day of , 2013, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"); and WADE R.
HUMPHREYS AND NICOLA E. HUMPHREYS, husband and wife (collectively referred to
herein as "Owners")
1. BACKGROUND. Owners are the fee owners of Lot 15, Block 3, Greenridge
located in the City of Lakeville, County of Dakota, State of Minnesota, and having a street address
of 17700 Fontina Path, Lakeville, Minnesota 55044 ("Subject Property"). The City owns an
easement for drainage and utility purposes over part of the Subject Property. Owners want to install
drain the 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 installation of the private, not public, drain tile. City approval
of the encroachment is conditioned upon Owners complying with the following, at Owners' sole
cost and expense:
• Owners install and properly maintain the private drain tile system;
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Owners restoring the ground cover disturbed in connection with the installation of the private
drain tile system;
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easement, Owners, their successors, heirs, and assigns, hereby agree to
indemnify and hold the City, its officers, employees and agents, harmless from any damage caused
by the installation, operation and maintenance or lack of maintenance of the drain tile.
4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at
any time if the City needs to occupy the easement for drainage and utility purposes by giving the
then owners of the Subject Property thirty (30) days advance written notice. The Owners may be
required to remove the drain tile if it is deemed necessary by the City in order to exercise the
purpose of the existing drainage and utility easement.
5. RECORDING. This Agreement shall be recorded against the title to the Subject
Property.
CITY OF LAKEVILLE
(SEAL)
E
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
LCiatl Cic rr.rirdge5, City Cry C_ rn
The foregoing instrument was acknowledged before me this day of
, 2013, by Matt Little 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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OWNERS:
Wa�dee R. Humphreys
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Nicola E. Humphreys
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`FATE OF MESe+-A )
t.i LJ "L ('J )ss.
VVI LINTY OFA )
The foregoing instrument was acknowledged before me this day of
A , 201.by Wade R. Humphreys and Nicola E. Humphreys, husband and wife.
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Notary Public ( /2,
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DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
172605v1