HomeMy WebLinkAboutItem 06.mSeptember 29, 2015 0 Item No.
ENCROACHMENT AGREEMENTS WITH GETTY AND WELLCOME FOR
PRIVATE DRAIN TILE ON PUBLIC EASEMENTS
October 5, 2015 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve encroachment
agreements with Joshua and Sara Getty, and Sarah and Daniel Wellcome for installation of
private drain tile on public easements
Passage of this motion will authorize the property owners to install and maintain private drain
tile on public easements.
Overview
Joshua and Sara Getty (20539 Hartford Way), and Sarah and Daniel Wellcome (20545 Hartford
Way) request to construct private drain the systems on public easements. The property
owners will own and maintain the private drain the systems.
Primary Issues to Consider
• What happens if the City needs to use/access the public easements? The property
owners are responsible for removing the private drain the if the City determines the
public easements must be utilized.
Supporting Information
• Encroachment Agreements
Financial Impact: None
Related Documents (CIP, ERP, etc.):
Envision Lakeville Community Values
Budgeted:
N/A Source:
Design that Connects the Communitv
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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") and JOSHUA W. GETTY
AND SARA GETTY, husband and wife ("Gettys")
1. BACKGROUND. Gettys are the fee owners of Lot 3, Block 3, Village Creek 4th
Addition, Dakota County, Minnesota ("Subject Property"). The City owns an easement for drainage
and utility purposes over part of the Subject Property. Gettys desire to construct a private drain tile
system on the City's easement within the Subject Property as depicted on the survey sketch attached
hereto as Exhibit A.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its easement for the installation of the private drain tile system. The conditions of
encroachment approval are as follows:
• Gettys shall be responsible for installing, at their sole cost and expense, the private drain
tile system;
• Gettys are responsible for restoring the ground cover disturbed in connection with the
installation of the private drain tile system; and
• Gettys will own and maintain the private drain file system.
182917v1
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easements within the Subject Property, Gettys, their heirs, 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 system.
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 then owner of the Subject Property thirty
(30) days advance written notice. The 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.)
182917A 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
182917v1 3
PROPERTY OWNERS:
Joshua W. Getty
Sara Getty
STATE OF MINNESOTA )
)ss.
COUNTY OF 1
The foregoing instrument was acknowledged before me this day of
, 2015, by Joshua W. Getty and Sara Getty, husband and wife.
Notary Public
DRAFTED BY:
CAMPBELL KNUTsON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
RNK/cjh
182917v1 4
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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") and SARAH
WELLCOME AND DANIEL WELLCOME, wife and husband ("Wellcomes").
1. BACKGROUND. Wellcomes are the fee owners of Lot 2, Block 3, Village Creek
4th Addition, Dakota County, Minnesota ("Subject Property"). The City owns an easement for
drainage and utility purposes over part of the Subject Property. Wellcomes desire to construct a
private drain tile system on the City's easement within the Subject Property as depicted on the
survey sketch attached hereto as Exhibit A.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its easement for the installation of the private drain tile system. The conditions of
encroachment approval are as follows:
• Wellcomes shall be responsible for installing, at their sole cost and expense, the private
drain tile system;
• Wellcomes are responsible for restoring the ground cover disturbed in connection with
the installation of the private drain tile system; and
• Wellcomes will own and maintain the private drain tile system.
182914vl
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easements within the Subject Property, Wellcomes, their heirs, 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 system.
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 then owner of the Subject Property thirty
(30) days advance written notice. The 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.)
1829141 2
CITY OF LAKEVILLE
By.
(SEAL) Matt Little, Mayor
un
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
182914v1 3
PROPERTY OWNERS:
Sarah Wellcome
Daniel Wellcome
STATE OF MINNESOTA )
)ss.
COUNTY OF 1
The foregoing instrument was acknowledged before me this day of
2015, by Sarah Wellcome and Daniel Wellcome, wife and husband.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
RNK/cjh
182914v1 4
4 : VLLAGE CREEK 4TH AMMON
PRAl"Twe DETAIL OF BLOCKS 1. 2 AND 3
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