HomeMy WebLinkAboutItem 06.kJuly 1, 2015 0 Item No.
ENCROACHMENT AGREEMENT WITH BELLICH, GREGERSON, VUE, WHITE, U.S.
HOME CORPORATION AND SUMMERLYN HOMEOWNERS ASSOCIATION FOR
PRIVATE DRAIN TILE ON CITY PROPERTY AND PUBLIC EASEMENTS
July 6, 2015 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve encroachment
agreements with Michael A. and Debra L Bellich Jed S and Beth A Gregerson Clarissa V and
Aleeya Vue, Michael R. and Nancy K White U.S. Home Corporation and Summerlyn
Homeowners Association for installation of private drain tile on City property and public
easements.
Passage of this motion will authorize Summerlyn Homeowners Association to install private
drain tile on City property and public easements.
Overview
Summerlyn Homeowners Association ("HOA") and U.S. Home Corporation request to
construct private drain tile on City property and public easements. The property owners have
authorized the HOA to construct the private drain the on the City's easement within their
respective properties. The HOA will own and maintain the private drain tile.
Primary Issues to Consider
• What happens if the City needs to use/access the City property or public easements?
Summerlyn Homeowners Association is responsible for removing the private drain tile
if the City determines the City property and/or public easements must be utilized.
SuPporting Information
• Encroachment Agreements
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Financial impact: None Budgeted: N/A Source:
Related Documents (CIP, ERP, etc.):
Envision Lakeville Community Values: Design that Connects the Community
N/A
[Reserved or recording information
ENCROACHMENT AGREEMENT
AGREEMENT made this day of .��� , 2015, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), MICHAEL A. BELLICH
and DEBRA L. BELLICH, husband and wife (`Belliches"), and SUMMERLYN
HOMEOWNERS ASSOCIATION, a Minnesota nonprofit corporation ("HOA")
1. BACKGROUND. Belliches are the fee owners of Lot 5, Block 5, Summerlyn 1 st
Addition, Dakota County, Minnesota ("Subject Property"). The City owns an easement for drainage
and utility purposes over part of the Subject Property. At the request of the HOA, Belliches have
authorized the HOA to construct a private drain tile system on the City's easement located within
the Subject Property as depicted on the survey sketch attached hereto as Exhibit A. Belliches and
the HOA have agreed that the HOA will own and maintain the private drain tile system located on
the Subject Property.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its easement for the installation of the private drain tile. The conditions of
encroachment approval are as follows:
• Belliches and the HOA shall be responsible for installing, at their sole cost and expense,
the private drain tile system;
181698v2
• Belliches and the HOA are responsible for restoring the ground cover disturbed in
connection with the installation of the private drain tile system; and
HOA will own and maintain the private drain tile system.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easements within the Subject Property, Belliches and the HOA, their
successors 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 as
to the City easements within the Subject Property at any time if the City needs to occupy the
easements for drainage and utility purposes by giving the HOA and the owner of the Subject
Property thirty (30) days advance written notice. The HOA and owner of the Subject Property
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. No notice under this paragraph shall
be required in the event of an emergency.
5. RECORDING. This agreement shall run with the land and shall be recorded
against the title to the Subject Property.
(Remainder ofpage intentionally left blank.)
81698v2 2
CITY OF LAKEVILLE
(SEAL)
And
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
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
1s1698v2 3
PROPERTY OWNER
"Lbwk-
Michael
..
bb CL
Debra L. Bellich
STATE OF MINNESOTA )
)ss.
COUNTY OF )
foregoing instrument was acknowledged before me this day of
2015, by Michael A. Bellich and I r a L. Bellich, huspapd and wife.
a
Is169Rv2 4
s
ALICIA MARIE WARD
Notary Public
State of Minnesota
My Commission Expires January 31 , 2020
SUMMERLYN HOMEOWNERS
ASSOCIATION
By
CarolToohey, I s President
STATE OF MINNESOA�A )
'� Kr )ss.
COUNTY OFA )
The foregoing instrument was acknowledged before me this
Lrday of
_,� , 2015, by Carole Toohey, President of Summerlyn Homeowners
Association, a Minnesota nonprofit corporation, on be if of said corpot'on.
Notary tic
AIICIA MARIE WARD
q* Notary Public
State of Minnesota
t� My Commission Expires
„ . January 31, 2020
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/j mo
181698v2
EXHIBIT "A99
to
ENCROACHMENT AGREEMENT
181698v2 6
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[Reserved for recording information]
ENCROACHMENT AGREEMENT
AGREEMENT made this day of , rle z 2015, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), JED S. GREGERSON
and BETH A. GREGERSON, husband and wife ("Gregersons"), and SUMMERLYN
HOMEOWNERS ASSOCIATION, a Minnesota nonprofit corporation ("HOA")
1. BACKGROUND. Gregersons are the fee owners of Lot 2, Block 5, Summerlyn 1st
Addition, Dakota County, Minnesota ("Subject Property"). The City owns an easement for drainage
and utility purposes over part of the Subject Property. At the request of the HOA, Gregersons have
authorized the HOA to construct a private drain tile system on the City's easement located within
the Subject Property as depicted on the survey sketch attached hereto as Exhibit A. Gregersons and
the HOA have agreed that the HOA will own and maintain the private drain tile system located on
the Subject Property.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its easement for the installation of the private drain tile. The conditions of
encroachment approval are as follows:
• Gregersons and the HOA shall be responsible for installing, at their sole cost and
expense, the private drain tile system;
1s169sv2 1
• Gregersons and the HOA are responsible for restoring the ground cover disturbed in
connection with the installation of the private drain tile system; and
• HOA will own and maintain the private drain tile system.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easements within the Subject Property, Gregersons and the HOA, their
successors 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 as
to the City easements within the Subject Property at any time if the City needs to occupy the
easements for drainage and utility purposes by giving the HOA and the owner of the Subject
Property thirty (30) days advance written notice. The HOA and owner of the Subject Property
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. No notice under this paragraph shall
be required in the event of an emergency.
5. RECORDING. This agreement shall run with the land and shall be recorded
against the title to the Subject Property.
(Remainder of page intentionally left blank.)
181695v2 2
CITY OF LAKEVILLE
By:
(SEAL) Matt Little, Mayor
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
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
181695v2 3
PROPERT WNER
Jed r6fegerson
Beth A. Gregerson
STATE OF ' NNESOTA )
)ss.
COUNTY OF � )
The foregoing instrument was acknow
2015, by Jed S. Gregerson a
Nar,
ARTHUR WILLYWS
NOTARY PUBJC • MINNESOTA
MY COMMISSION EXPIRES 0131/
181695v2 4
before me this day of
,.Oreperson, husband and wife.
SUMMERLYN HOMEOWNERS
ASSOCIATION
By ;
Caro '16 Toqjxly, Its President
STATE OF MINNESOTA )
r°1 I '1. )ss.
COUNTY OF 1�)
The foregoing instrument was acknowledged before me this day of
, 2015, by Carole Toohey, President of Summerlyn Homeowners
Association, a Minnesota nonprofit corporation, on ;I of saidc " oration.
Notarylt
lic
ALICIA MARIE WARD
Notary Public
State of Minnesota
o My Commission Expires
`'• ,,,, �� January 31 , 2020
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/jmo
181695v2
EXHIBIT "A"
to
ENCROACHMENT AGREEMENT
PISNEERmpw*w
181695v2
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[Reserved, for recording information]
ENCROACHMENT AGREEMENT
AGREEMENT made this 9day of" � X 2015, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), CLARISSA V. VUE and
ALEEYA VUE, husband and wife ("Vues"), and SUMMERLYN HOMEOWNERS
ASSOCIATION, a Minnesota nonprofit corporation ("HOA")
1. BACKGROUND. Vues are the fee owners of Lot 4, Block 5, Summerlyn 1 st
Addition, Dakota County, Minnesota ("Subject Property"). The City owns an easement for drainage
and utility purposes over part of the Subject Property. At the request of the HOA, Vues have
authorized the HOA to construct a private drain tile system on the City's easement located within
the Subject Property as depicted on the survey sketch attached hereto as Exhibit A. Vues and the
HOA have agreed that the HOA will own and maintain the private drain tile system located on the
Subject Property.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its easement for the installation of the private drain tile. The conditions of
encroachment approval are as follows:
• Vues and the HOA shall be responsible for installing, at their sole cost and expense, the
private drain tile system;
181697v2
• Vues and the HOA are responsible for restoring the ground cover disturbed in connection
with the installation of the private drain tile system; and
HOA will own and maintain the private drain tile system.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easements within the Subject Property, Vues and the HOA, their successors
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. TERNIINATION OF AGREEMENT. The City may terminate this agreement as
to the City easements within the Subject Property at any time if the City needs to occupy the
easements for drainage and utility purposes by giving the HOA and the owner of the Subject
Property thirty (30) days advance written notice. The HOA and owner of the Subject Property
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. No notice under this paragraph shall
be required in the event of an emergency.
5. RECORDING. This agreement shall run with the land and shall be recorded
against the title to the Subject Property.
(Remainder ofpage intentionally left blank.)
181697v2 2
CITY OF LAKEVILLE
USA
(SEAL)
And
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
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
Is1697v2
PROPERTY OWNER
STATE OF MINNESOTA )
)ss.
COUNTY OF i, )
Thff oregoing instrument was acknowledged before me this(J_ day of
2015, by Clarissa V. Vue and Alexa Vue, h�b d and wife.
ALICIA MARIE WARD
.. Notary Public
State of Minnesota
My Commission Expires
January 31 , 2020
181697v2 4
SUMMERLYN HOMEOWNERS
ASSOCIATION
YL Carol '°Toohey, S President
STATE OF MINNE1 �S"�O�%T�A )
COUNTY OF Tr1V - )
The foregoing instrument was acknowledged before me this _ day of
%l' t, 2015, by Carole Toohey, President of Summerlyn Homeowners
Association, a Minnesota nonprofit corporation, on behay of said coroation.
Notary l"c
�'"`"� ALICIA MARIE WARD
Notary Public
State of Minnesota
�y �¢� My Commission Expires
` January 31, 2020
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/jmo
181697v2
EXHIBIT "A"
to
ENCROACHMENT AGREEMENT
181697v2 6
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Reserved for recording information
ENCROACHMENT AGREEMENT
AGREEMENT made this day of , 2015, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), MICHAEL R. WHITE
and NANO K. W j ;+e, , husband and wife ("Whites"), and SUMMERLYN
HOMEOWNERS ASSOCIATION, a Minnesota nonprofit corporation ("HOA").
1. BACKGROUND. Whites are the fee owners of Lot 3, Block 5, Summerlyn 1 st
Addition, Dakota County, Minnesota ("Subject Property"). The City owns an easement for drainage
and utility purposes over part of the Subject Property. At the request of the HOA, Whites have
authorized the HOA to construct a private drain tile system on the City's easement located within
the Subject Property as depicted on the survey sketch attached hereto as Exhibit A. Whites and the
HOA have agreed that the HOA will own and maintain the private drain tile system located on the
Subject Property.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its easement for the installation of the private drain tile. The conditions of
encroachment approval are as follows:
• Whites and the HOA shall be responsible for installing, at their sole cost and expense, the
private drain tile system;
181696v2
• Whites and the HOA are responsible for restoring the ground cover disturbed in
connection with the installation of the private drain tile system; and
• HOA will own and maintain the private drain tile system.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easements within the Subject Property, Whites and the HOA, their
successors 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. TERNUNATION OF AGREEMENT. The City may terminate this agreement as
to the City easements within the Subject Property at any time if the City needs to occupy the
easements for drainage and utility purposes by giving the HOA and the owner of the Subject
Property thirty (30) days advance written notice. The HOA and owner of the Subject Property
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. No notice under this paragraph shall
be required in the event of an emergency.
5. RECORDING. This agreement shall run with the land and shall be recorded
against the title to the Subject Property.
(Remainder ofpage intentionally left blank.)
181696v2 2
CITY OF LAKEVILLE
(SEAL)
And
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
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
181696v2 3
PROPERTY OWNER
Michael R. White
nCUTVAJ
11
STATE OF MINNESOTA )
s )ss.
COUNTY OF l )
The F5regoing instrument was acknowledged before me this ' day of
2015, by Michael R. White and , husband and wife.
X�
Notary Pu ii
�T11E.ST�„ ALICIA MARIE WARD
.. Notary Public
3 State of Minnesota
My Commission Expires
January 31 , 2020
181696v2
SUMMERLYN HOMEOWNERS
ASSOCIATION
By�. Carol Toohey, s President
STATE OF MINNESOTA
COUNTY OF JD4� lt � jss.
The oregoing instrument was acknowledged before me this L�' day of
4'
2015, by Carole Toohey, President of Summerlyn Homeowners
Association, a Minnesota nonprofit corporation, on bVhf of said ca oration.
Notary tfblic
ALICIA MARIE WARD
Notary Public
State of Minnesota
+ My Commission Expires
N January 31, 2020
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/jmo
181696v2
EXHIBIT "A"
to
ENCROACHMENT AGREEMENT
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181696v2 6
[Reserved for recording information]
ENCROACHMENT AGREEMENT
�,
AGREEMENT made this <' qday of ,. (. x; , 2015, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"); U.S. HOME
CORPORATION, a Delaware corporation, d/b/a Lennar ("Lennar") and SUMMERLYN
HOMEOWNERS ASSOCIATION, a Minnesota nonprofit corporation ("HOA")
1. BACKGROUND. The City is the fee owner of Outlot B, Summerlyn 1 st Addition,
Dakota County, Minnesota ("City Property"), and Lennar is the developer of Summerlyn 1St
Addition. Lennar desires to construct a private drain tile system on the City Property as depicted on
the survey sketch attached hereto as Exhibit A. Lennar and the HOA have agreed that the HOA will
own and maintain the private drain tile system located on the City Property.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its easement and the City Property for the installation of the private drain tile. The
conditions of encroachment approval are as follows:
• Lennar shall install, at its sole cost and expense, the private drain tile system;
• Lennar must restore the ground cover disturbed in connection with the installation of the
private drain tile system; and
• HOA will own and maintain the private drain tile system.
181787
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City Property, Lennar and the HOA, their successors 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 as
to the City Property at any time by giving the HOA thirty (30) days advance written notice. The
HOA may be required to remove the drain tile if it is deemed necessary by the City. No notice
under this paragraph shall be required in the event of an emergency.
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
(Remainder ofpage intentionally left blank.)
181787 2
CITY OF LAKEVILLE
(SEAL)
And
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
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
181787
U.S. HOME CORPORA'
J,65`atha . Aune
Its,,- ice President -Minnesota Land Division
STATE OF MINNESOTA )
COUNTY OF ERIN )
Th foregoing instrument was acknowledged before me this day of
�,, , 2015, by Jonathan A. Anne, Vice President -Minnesota Land Division of
U.S. Home Corporation, a Delaware corporation, o eh If of said c r oration, d/b/a Lennar.
Notary lic
pft"F s*,,T ALICIA MARIE WARD
Notary Public
,.. State of Minnesota
�yf My Commission Expires
„x • January 31 , 2020
181787 4
SUMMERLYN HOMEOWNERS
ASSOCIATION
Y
Car le Toohey, Its President
STATE OF MINNESOTA
x'061 )ss.
COUNTY OF HENNMN )
The foregoing instrument was acknowledged before me this _ day of
2015, by Carole Toohey, President of Summerlyn Homeowners
Associatio , a Minnesota nonprofit corporation, on be if of said corporation.
Notary P lic
ALICIA MARIE WARD
N Notary Public
State of Minnesota
My Commission ExPires
January 31. 2020
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/jmo
181787
EXHIBIT "A"
TO
ENCROACHMENT AGREEMENT
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