HomeMy WebLinkAboutItem 06.jMay 13, 2015 • Item No.
ENCROACHMENT AGREEMENT WITH JOHN AND ALISON MYERS
FOR A PRIVATE DRIVEWAY WITHIN CITY PROPERTY AND PUBLIC EASEMENTS
May 18, 2015 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve an encroachment
agreement with John M. and Alison M. Myers for construction of a private driveway within
City property and public easements.
Passage of this motion will authorize the property owner at 10294 Oak Shore Drive to
construct and maintain a private driveway within City property and public easements.
Overview
John and Alison Myers (10294 Oak Shore Drive) are requesting to construct and maintain a
private driveway within City property and public easements. The property owners will be
responsible for maintaining the private driveway.
Primary Issues to Consider
What happens if the City needs to use/access the City property or public easements?
The owners are responsible for the cost of removing the private driveway if the City
determines the City property and/or public easements must be utilized.
Supporting Information
• Encroachment Agreement
Financial Impact: None
Related Documents (CIP, ERP, etc.):
Envision Lakeville Community Values
Budgeted: N/A Source: N/A
Design that Connects the Community
[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 JOHN M. MYERS
AND ALISON M. MYERS, husband and wife ("Myers" or "Owners").
1. BACKGROUND.
A. Myers are the fee owners of Lot 1. Block 4, Oak Shore 2nd Addition, Dakota
County, Minnesota, having a street address of 10294 Oak Shore Drive ("Myers' Property"). The
City is the fee owner of the adjacent lot legally described as Lot 2, Block 4, Oak Shores 2nd
Addition, Dakota County, Minnesota ("City Property") and owns easements for drainage and utility
purposes over portions of the Myers' Property ("City Easements").
B. Myers want to widen their existing driveway to twenty (20) feet at the entrance on
Oak Shore Drive which encroaches on the City Property and City Easements as depicted on the
attached Exhibit A.
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2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment of the driveway on the City Property and City Easements subject to the conditions set
forth in this Agreement.
3. MAINTENANCE AND REPAIR OF DRIVEWAY. Myers shall be solely
responsible for all costs relating to the maintenance and repair of the driveway, including any
damage to the driveway caused in whole or in part by Myers' use, maintenance, and repair of the
driveway. This maintenance agreement is an obligation of Myers and shall be binding upon the
executors, administrators, successors and assigns of Myers.
4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City Property and City Easements, Myers, their heirs, successors and assigns,
hereby agree to indemnify and hold the City harmless from all costs and expenses, claims and
liability, including attorney's fees, relating to or arising out of this grant to Myers of permission to
encroach on the City Property and City Easements.
5. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the then owner of the Myers' 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. if the owner fails to remove the driveway as provided in this paragraph,
then the City may remove the driveway and charge the cost of removal to the owner for
reimbursement or have it assessed against Myers' Property.
This Agreement shall automatically terminate in the event of the voluntary or involuntary
removal of the driveway.
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5. RECORDING. This Agreement shall be recorded against the title to the Myer's
Property.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
1814170
CITY OF LAKEVILLE
BY:
(SEAL) Matt Little, Mayor
AND
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
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0
-John . Myers
Alison M. Myers
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2015, by John M. Myers and Alison M. Myers, husband and wife.
WAVIAM
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kv COMM. EWM
Jon 31 2019
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh
181417A
EXHIBIT A
TO
ENCROACHMENT AGREEMENT
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