HomeMy WebLinkAboutItem 06.eg . �
July 23, 2014 Item No.
APPROVE ENROACHMENT AGREEMENT FOR
PRIVATE PATIO WITHIN PUBLIC EASEMENT
August 4, 2014 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve an encroachment
agreement with Donatell for the installation of a private patio within a public easement.
Passage of this motion will authorize the property owner at 1.6929 Enfield Court to
install and maintain a private patio within a public easement.
Overview
Henry Donatell (1.6929 Enfield Court) is requesting to maintain a private patio that was
constructed within a public easement. The property owner will be responsible for
maintaining the private patio.
Primar_y_Issues. to Consider
® What happens if the City needs to use/access the public easement? The property
owner is responsible for the cost of removing the private patio if the City
determines the public easement must be utilized for drainage or utility purposes.
Supporting Information
Encroachment Agreement
Financial Impact: None
Related Documents (CIP, ERP, etc.):
Notes:
Budgeted: N/A Source:
N/A
(reserved for recording information]
ENCROACHMENT AGREEMENT
AGREEMENT made this -&�day of �� , 2014, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"); and HENRY E.
DONATELL, a single person (referred to herein as "Owner").
1. BACKGROUND. Owner is the fee owner of Lot 16, Block 1, Tullamore i st
Addition located in the City of Lakeville, County of Dakota, State of Minnesota, and having a street
address of 16929 Enfield Court, Lakeville, Minnesota 55044 ("Subject Property"). The City owns
an easement for drainage and utility purposes over part of the Subject Property. Owner has
constructed a patio on the Subject Property which encroaches on the City's drainage and utility
easement area as depicted on the attached survey sketch.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment for the construction of a patio within its drainage and utility easement area on the
Subject Property subject to the conditions set forth herein. If the City at any time deems that the
patio interferes with the City's access, use or maintenance of its easement area, the same must be
1
177205v1
removed by Owner at his sole expense. The City shall have no responsibility to maintain the patio
located within the City's easement.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easement, Owner, his successors, heirs, and assigns, hereby agrees to
indernnify and hold the City, its officers, employees and agents, harmless from any damage caused
by the construction of the patio and maintenance or lack of maintenance of the patio.
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 thea be terminated
immediately, The property owner shall remove the patio to the effective date of the termination of
this Agreement. If the owner fails to do so, the City may remove the patio and charge the cost of
removal back to the property owner for reimbursement.
5. RECORDING. This Agreement shall be recorded against the title to the Subject
Property.
[The remainder of this page has been intentionally left blank,
Signature pages follow.]
i77zosvr
2
CITY OF LAKEvILLE
BY:
(SEAL) Matt Little, Mayor
e
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA }
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
2014, 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
1772050
OWNER:
Henry E. Do atell
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this b` day of
2014, by Henry E. Donatell, a single person.
Notazy Publ
MARY KAY MA6EE`'
Notary Public
Minnesota
M.0.�
y Comm. Expires
Jan 3.1, 2p18
DRAFTED BY:
CAMPBELL KNUTsoN
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
177205vi 4
Lot 16, Block 1, TULLAMORE IST ADDITION
Lot area - 13835 SF according to the recorded plat thereof Dakota County, Minnesota
Hoose area = 2126 Sr
Porch area = 153 SF Address; 18929 Enfield Court, Iokeville, Mlnnesoto
Sidewalk area -29 SF House Model; 4014 Elevation; C3
Driveway area =862 SF Buyer; Danateil
Impervious Coverage -22.9 X
S72o,31'27n
vm.4
Bench Mark:
Top Nut Hydrant Lots 17-16 Blk 1 n]z.
Elev,=935.47 d ""'+r_
91 LI x oma
sodded
a7
CV
'rte
Lr
r'
�L
Y 027.
p
StB.7].17srn¢arrause
x.1s-u.la annolda n9-auna
x
a
Lennar Corporation
N
16311116th Ave N Ste &600
ae
\
9x6.9 1
nlA]\ 9
934.7 >Frr2
1 x e7e,,
BgB.3
97BK .
Vf
'rte
Lr
r'
�L
Y 027.
p
StB.7].17srn¢arrause
x.1s-u.la annolda n9-auna
Certificate of Survey for:
5 �
Lennar Corporation
16311116th Ave N Ste &600
peo)erg. 112142044
\
9x6.9 1
nlA]\ 9
]
1 x e7e,,
BgB.3
97BK .
9xB.S j
pal
!
1
eza.e
Irl,• xa
S
92i.� N 997,,
r
X 927.1
!`
921,2 y�
� 927.2
/
1
�s&c2.'l" 1r1�7
REGIONAL. BASIN
OUTLET -920.5
HWL=922,6
s�
20'
x ex2.x
IN `
\ ov bq,, it
920.4
x 92E.9 \ fin' 4r.Dj 9.2
vv20Edge of voter
1 V vv 6-113-14
x 9x0.7 \ `�
Bzr.1 �
i i 4 nr,n
orS�f�9
s�J x 911.1 r Fen
qey,� nx.e hyo
I / '4\
j/18, 17�x `ss. �2>IM
1 � CoIr
o99
x ex, o
S !Zx 91f.9 9 L 9 ,1 n]s7
f 11.7 '�
92].1 x 928.7 X 9xla
1
)
9n
a?02 \ c .x
r
% 929.9
r
u.4:C\ 9x0 r
r /
3f•S J
Its
om
4 a x318 \ 9`u'9
/
.fFgyY ,K ly` 4A `\
'I 4A
413.1
911.2 x174.]
'QSrUp OA �a"'r # ellalrp,
9313 1 ��
Co
QXI%F-Ol es
1. Gru&ng plan by Pioneer Engineering was last doted 6/15/12 was
used to determine proposed elevations shown herein.
2. No specific sobs Investigation has been performed on this lot by
the surveyor. The aullobilfty of soils to support the speclilc house
Is not the reaponsibllity of the surveyor.
3. this certificate does not purport to show easements other than
those shown an the retarded plot.
4. beorlogs shewn are based on on assumed datum.
PICNEERenginming
C7V44k+W11F�9 LAWIAN-" t Na9IMV9:VM YAMgCAI'9A9E11YF3•IS
2422 Mlo7prl9a drive Ph, : (651) 681-1414
Mendola 1101 Ins, MN 55$20 IF= (fi41i 69 f -94$9
8 www.p€aaeeleng.cam
tiaUse
K 000.00Denote: AxW1,9 .1 ..kr
( 000.00) D7 otla prvpoeed 0-Li-
fl-
-Li nflow d€r.0m
aw,dee 9prkA
t'41110
(Snsadded
�-r
tl
9x2- W
Lowast oiiowoble floor elevation ; 927,2
LjQi{8fl elevations _(Proposed l / As -bulli
Lowest Floor Elevation :(927.7) / 927.8
Top Of Foundation Etev, ;(935J) / 9,36,2
Corage Slab Eley. 0 hoar :(935.4) / 935,4
REVISED 6/13/14 GRADING AS -BUILT
Wo hereby certify to Lennar Corporation that this survey, pian or
report was prepared by me or under my direct supervision and
that i am a duly licensed Land Surveyor under the #awe of the
State of Minnesota, doted 08/21/43.
SignedPfoneer Engineering, P.A.
BY:
e erHdwtonson, Professiono an urveyor
Minnesota License No. 42299
email-phawklasonOploneereng. com
A�Vh3pnc
StB.7].17srn¢arrause
x.1s-u.la annolda n9-auna
Certificate of Survey for:
Lennar Corporation
16311116th Ave N Ste &600
peo)erg. 112142044
Plymoulb, MN 70
Polder#: 7407 Umwa by: irks
Phorze:(952)249-3WUlFaax�52 404-1909
Y