HomeMy WebLinkAboutItem 06.nLakeville
January 29, 2015
Item No.
ENCROACHMENT AGREEMENT FOR PROPERTY AT 17677 CEDAR AVENUE
FEBRUARY 2, 2015 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the encroachment
Agreement with Malocclusion Lakeville LLC for property located at 17677 Cedar Avenue.
Adoption of this motion will allow the encroachment of an architectural awning on the recently
constructed building to encroach approximately four feet into a drainage and utility easement.
Overview
On August 5, 2013, the City Council approved the final plat of a one lot commercial
development subdivision and a development contract for Double E Crossings 4th Addition
located on the west side of Cedar Avenue south of Dodd Blvd.
An office building was substantially constructed on this lot for Cosmopolitan Orthodontics
but has not been occupied. The original developer now has an agreement to sell the
property to Children's Dental Care LLC, which currently leases space across Cedar Avenue in
the Crossroads Shopping Center. An as -built survey recently identified an encroachment of an
architectural metal awning on the south side of the building.
The Encroachment Agreement allows for this awning to remain, however if any work needs
to take place involving the utilities in the easement, the property owner agrees to hold the
City harmless for any damage to the metal awning as a result. The owner would likely be
given the opportunity to remove the encroachment if time permitted.
Primary Issues to Consider
Will this permitted encroachment inhibit the City's ability to maintain any utilities located
within the easement. The Public Works Department has reviewed the situation and supports
the approval of the proposed encroachment agreement.
Supporting Information
• Encroachment Agre ment
David I Olson, Community and Economic Development Director
Financial Impact: $ None Budgeted: Y/N Source:
Envision Lakeville Community Values.: Diversified Economic Development
[reserved for recording information]
ENCROACHMENT AGREEMENT
AGREEMENT made this day of , 2015, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"); and MALOCCLUSION
LAKEVILLE, LLC, a Minnesota limited liability company, formerly known as NITI
LAKEVILLE, LLC and also known as NITI, LLC ("Owner")
1. BACKGROUND. Owner is the fee owner of Lot 1, Block 1, Double E Crossings
4th Addition located in the City of Lakeville, County of Dakota, State of Minnesota, and having a
street address of 17677 Cedar Avenue, Lakeville, Minnesota 55044 ("Subject Property"). The City
owns easements for drainage and utility purposes over portions of the Subject Property. A metal
overhang on the south side of the existing building on the Subject Property encroaches into the
City's easement area as depicted on the survey sketch attached as Exhibit A.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment of the metal overhang on the south side of the existing building within its drainage
and utility easement area on the Subject Property.
18007sv2 1
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easement, Owner, its successors and assigns, hereby agrees to indemnify and
hold the City harmless from any damage caused to the Subject Property, including the existing
metal overhang on the south side of the existing building 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 metal overhang to the effective date of the
termination of this Agreement. If the owner fails to do so, the City may remove the metal
overhang 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.]
180078v2 2
CITY OF LAKEVILLE
BY:
(SEAL) Matt Little, Mayor
I:�i7
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
2015, 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
180078v2
OWNER:
MALOCCLUSION LAKEVILLE, LLC
Peter Eisenhuth, Its Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of
'20159 by Peter Eisenhuth, the Chief Manager of Malocclusion Lakeville,
LLC, a Minnesota limited liability company, formerly known as NiTi Lakeville, LLC and also
known as NiTi, LLC, on behalf of said limited liability company.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh
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--UNDERGROUND GAS
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SURVEY LEGEND —
EXISTING CONDITIONS
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——SANITARY SEWER
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—.—UNDERGROUND ELECTRIC
-0 HYDRANT
--UNDERGROUND GAS
M GATE VALVE
—m—UNDERGROUND TELEPHONE
NORTH
IT] TELEPHONE PEDESTAL
—a—OVERHEAD UTILITY
0 40
0 POWER POLE
x—"—CHAIN LINK FENCE
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0 LIGHT POLE
CONCRETE CURB
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MONUMENT SET, MARKED "RLS 26724"
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CC) ELECTRIC MANHOLE
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DESCRIPTION OF PROPERTY SURVEYED
(Per Schedule A or tha herein refarenced Title Commtiment)
Lot 1, Block 1, Double E Crossings 4th Addition, Dakota County, Minnesota.
ALTA(ACSM OPTIONAL TABLE A NOTES
(The following items referto Table A optional survey responsibilities and specifications)
3) This property is contained in Zone X (areas determined to be outside the 02% annual
chance floodplain) per Flood Insurance Rate Map, Community Panel No. 27037CO204E
with an effective date of December 2, 2011.
4) The Grass land area is 75,758 +/-square feet or 1.74 +/-acres.
7a) Exterior dimensions of the buildings are shown at ground level.
9) The number of parking stall on this site are as follows: 26 Regular + 2 Handicap = 28 Total
Parking Stals.
11 b) We have shown buried structures and utilities on and/or serving the site Per Gopher
State One -Call Ticket No. 143630155. The fallowing uRRties and municipalities were notified:
CHARTER COMMUNICATIONS (800) 778-9140
CENTER POINT ENERGY (406) 541-9571
CITY OF LAKEVILLE (952) 985-2740
GREAT RIVER ENERGY (763)241-2301
DAKOTA COUNTY HIGHWAY DEPT (952)891-7900
DAKOTA ELECTRIC (651) 463-6268
FRONTIER COMMUNICATIONS (800) 778-9140
MINNESOTA ENERGY (800)778-9140
I) Utility operators do not consistently respond to locate requests through the Gopher
State one Cal service for boundary purposes such as this. Those utility operators that
do respond often will not locate services tram their main line to the customer's structure
or fadfity - they consider those segments private Installations that are outside their
jurisdiction. If a private service to an adjoinel's site cross" this site or a service to this
sfte crosses an adjoiner, it may not be located since most operators VAR not mark such
"private" services.
ii) Snow and ice conditions during winter months may obscure otherwise visible evidence
of a buried structure or utility.
ih) Maps provided by operators, either along with a flew location or in lieu of such a
location, are very often Inaccurate or inconclusive. EXTREME CAUTION MUST BE
EXERCISED BEFORE AN EXCAVATION TAKES PLACE ON OR NEAR THIS SITE.
BEFORE DIGGING, YOU ARE REQUIRED BY LAW TO NOTIFY GOPHER STATE
ONE CALL AT LEAST 48 HOURS IN ADVANCE AT 651/454-0002.
SURVEY REPORT
The property depicted on this survey and the easements of record shown hereon are the same
as the property and the easements described in the Commitment for Title Insurance issued by
Land Tide, Inc. as agent for Flrst American Title Insurance Company, LT File No. 514047, dated
November 16, 2014.
1) The following remarks reference items in Schedule B, Part II - Exceptions of the herein
referenced Title Commitment:
a) Item no.'s 1 -11, 13 -17 and 19 are not survey related harry.
b) Item no. 12: Dacumem no. 2412935 is a Declaration of Covenants and Restrictions that
includes an Access and Utility easement that is shown hereon tying northerly and
adjacentto the subject property.
c) Rem no. 18: The drainage and utility easements, per the plat of Double E Crossings 4th
Addition, are shown hereon around the perimeter of the site.
CERTIFICATION
To Children's Dental Care, PLLC; Malocclusion Lakeville, LLC, a Minnesota limited liability
company; Land Title, Inc. and First American Title Insurance Company:
This is to certily that this map or plat and the survey on which it is based were made in
accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title
Surveys, jointly established and adopted by ALTA and NSPS in 2011, and includes Rem 1 - 4,
7a, 8, 9 and 11 b of Table A thereof. The field work was completed on December 29, 2014.
Data of Plat or Map: January 07 F15 4,
_An_�/,1 /f x_14 qwiiift
s.P Z.
• Richard L. Licht PLS Minnesota License No. 26724 ENSHI.dichtCloucksassadates.com AND iVEYORjA87'24 .y0
MI�
EXHIBIT A
o eft Name.
17677 Cedar Avenue
I Lakeville, Minnesota
nen Deve over:
Children's Dental Services, PLLC
■
17510 Dodd Boulevard
Lakeville; MN 55044
Professional Services:
ASSOCIATES
Planning . Civil Engineering . Land &—ying
Landscape Nchitecmre • Erwlronlnental
■
]2M Hemlock Lare - Silt, 30o
Maple Grove, MN 55369
T,IgA e: (763)4245505
viww.Loucks4ssvclates.com
®tot s
ADD Qualificattion:
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5034311_ MS EROWG/ALTA
Revisions:
01-0]-15 Original Issue
Prolesional Signature:
16erebr ureN tlwtwti. wvM. Prn orrepon wv
w.waa q ma o r � nd sr.n aPwawn am we
I am a awy 1f.reae I:,m sweyor eaerme rwe
m un sou m�>ed
Rkhardrdrd L. Lid. - PLS
26724 12-29-14
Lkense Ne. Dale
Qualitycontrol:
TMB
RLL
crwa er a<.��ue..
Vicinity Minn:
Sheet Tide:
ALTA/ACSM
Land Title Survey
Pro er1 No.:
03-431L
Sheet No.:
Sheet 1 of 1
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DESCRIPTION OF PROPERTY SURVEYED
(Per Schedule A or tha herein refarenced Title Commtiment)
Lot 1, Block 1, Double E Crossings 4th Addition, Dakota County, Minnesota.
ALTA(ACSM OPTIONAL TABLE A NOTES
(The following items referto Table A optional survey responsibilities and specifications)
3) This property is contained in Zone X (areas determined to be outside the 02% annual
chance floodplain) per Flood Insurance Rate Map, Community Panel No. 27037CO204E
with an effective date of December 2, 2011.
4) The Grass land area is 75,758 +/-square feet or 1.74 +/-acres.
7a) Exterior dimensions of the buildings are shown at ground level.
9) The number of parking stall on this site are as follows: 26 Regular + 2 Handicap = 28 Total
Parking Stals.
11 b) We have shown buried structures and utilities on and/or serving the site Per Gopher
State One -Call Ticket No. 143630155. The fallowing uRRties and municipalities were notified:
CHARTER COMMUNICATIONS (800) 778-9140
CENTER POINT ENERGY (406) 541-9571
CITY OF LAKEVILLE (952) 985-2740
GREAT RIVER ENERGY (763)241-2301
DAKOTA COUNTY HIGHWAY DEPT (952)891-7900
DAKOTA ELECTRIC (651) 463-6268
FRONTIER COMMUNICATIONS (800) 778-9140
MINNESOTA ENERGY (800)778-9140
I) Utility operators do not consistently respond to locate requests through the Gopher
State one Cal service for boundary purposes such as this. Those utility operators that
do respond often will not locate services tram their main line to the customer's structure
or fadfity - they consider those segments private Installations that are outside their
jurisdiction. If a private service to an adjoinel's site cross" this site or a service to this
sfte crosses an adjoiner, it may not be located since most operators VAR not mark such
"private" services.
ii) Snow and ice conditions during winter months may obscure otherwise visible evidence
of a buried structure or utility.
ih) Maps provided by operators, either along with a flew location or in lieu of such a
location, are very often Inaccurate or inconclusive. EXTREME CAUTION MUST BE
EXERCISED BEFORE AN EXCAVATION TAKES PLACE ON OR NEAR THIS SITE.
BEFORE DIGGING, YOU ARE REQUIRED BY LAW TO NOTIFY GOPHER STATE
ONE CALL AT LEAST 48 HOURS IN ADVANCE AT 651/454-0002.
SURVEY REPORT
The property depicted on this survey and the easements of record shown hereon are the same
as the property and the easements described in the Commitment for Title Insurance issued by
Land Tide, Inc. as agent for Flrst American Title Insurance Company, LT File No. 514047, dated
November 16, 2014.
1) The following remarks reference items in Schedule B, Part II - Exceptions of the herein
referenced Title Commitment:
a) Item no.'s 1 -11, 13 -17 and 19 are not survey related harry.
b) Item no. 12: Dacumem no. 2412935 is a Declaration of Covenants and Restrictions that
includes an Access and Utility easement that is shown hereon tying northerly and
adjacentto the subject property.
c) Rem no. 18: The drainage and utility easements, per the plat of Double E Crossings 4th
Addition, are shown hereon around the perimeter of the site.
CERTIFICATION
To Children's Dental Care, PLLC; Malocclusion Lakeville, LLC, a Minnesota limited liability
company; Land Title, Inc. and First American Title Insurance Company:
This is to certily that this map or plat and the survey on which it is based were made in
accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title
Surveys, jointly established and adopted by ALTA and NSPS in 2011, and includes Rem 1 - 4,
7a, 8, 9 and 11 b of Table A thereof. The field work was completed on December 29, 2014.
Data of Plat or Map: January 07 F15 4,
_An_�/,1 /f x_14 qwiiift
s.P Z.
• Richard L. Licht PLS Minnesota License No. 26724 ENSHI.dichtCloucksassadates.com AND iVEYORjA87'24 .y0
MI�
EXHIBIT A
o eft Name.
17677 Cedar Avenue
I Lakeville, Minnesota
nen Deve over:
Children's Dental Services, PLLC
■
17510 Dodd Boulevard
Lakeville; MN 55044
Professional Services:
ASSOCIATES
Planning . Civil Engineering . Land &—ying
Landscape Nchitecmre • Erwlronlnental
■
]2M Hemlock Lare - Silt, 30o
Maple Grove, MN 55369
T,IgA e: (763)4245505
viww.Loucks4ssvclates.com
®tot s
ADD Qualificattion:
e;'�: �nM1°wm,°'n� main pal.nTn.ee coo n..
eer,� mnmr.emuan.w Feonlec
PMk n of uv> PN.•> H oven win ut Misn .'.ova
or Nn�cenur,s �eFcnneem.ppwx oswn
nW>na,. cA00 anwe
rennin Mr qoo 'wnu,>aNenl
..��aa�aW �w rM>AlGmaa
aeMbm ektlw�pp�pwllw�aaemM xe.ni Fav
a.un.p»�ean, rrro>..mrmxn
5034311_ MS EROWG/ALTA
Revisions:
01-0]-15 Original Issue
Prolesional Signature:
16erebr ureN tlwtwti. wvM. Prn orrepon wv
w.waa q ma o r � nd sr.n aPwawn am we
I am a awy 1f.reae I:,m sweyor eaerme rwe
m un sou m�>ed
Rkhardrdrd L. Lid. - PLS
26724 12-29-14
Lkense Ne. Dale
Qualitycontrol:
TMB
RLL
crwa er a<.��ue..
Vicinity Minn:
Sheet Tide:
ALTA/ACSM
Land Title Survey
Pro er1 No.:
03-431L
Sheet No.:
Sheet 1 of 1