HomeMy WebLinkAboutItem 06.r:T�57pk�Rvill�iewlwa .,
Date: June 6, 2016
Item No.
ENCROACHMENT AGREEMENTS WITH RIGONI AND GANSMOE FOR
PRIVATE DRAIN TILE ON PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve encroachment
agreements with David and Patricia Rigoni, and Patrick Gansmoe for installation of private drain
tile on public easements.
Overview
David and Patricia Rigoni (7270 170th Street), and Patrick Gansmoe (7256 170''' Street) request to
construct private drain tile systems on public easements. The property owners will own and
maintain the private drain tile 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 tile if the City determines the public
easements must be utilized.
Supporting Information
• Encroachment Agreements
Financial Impact: $ 0 Budgeted: Y❑ N❑ Source: N/A
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Design that Connects the Community
Report Completed by: Zach Johnson, City Engineer
[Reserved for recording information]
ENCROACHMENT AGREEMENT
AGREEMENT made this day of . 2016, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City') and DAVID P. RIGONI
AND PATRICIA A. RIGONI, husband and wife ("Rigonis").
1. BACKGROUND. Rigonis are the fee owners of Lot 6, Block 5, Cedar Highlands
5th Addition, Dakota County, Minnesota ("Subject Property"). The City owns an easement for
drainage and utility purposes over part of the Subject Property. The Rigonis 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:
Rigonis shall be responsible for installing, at their sole cost and expense, the private drain
tile system;
• Rigonis are responsible for restoring the ground cover disturbed in connection with the
installation of the private drain tile system; and
• Rigonis will own and maintain the private drain tile system.
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3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easements within the Subject Property, the Rigonis, 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 system 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.)
187275v1 2
CITY OF LAKEVILLE
LIM
(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
, 2016, 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
187275v1
PROPERTY OWNERS:
David P. Rigoni
Patricia A. Rigoni
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2016, by David P. Rigoni and Patricia A. Rigoni, 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
AMP/cjh
187275v1 4
1
Sol w
EXHIBIT "A"
187275vl 5
[Reserved for recording information]
ENCROACHMENT AGREEMENT
AGREEMENT made this _, day of , 2016, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and PATRICK J.
GANSMOE, a single person ("Gansmoe").
1. BACKGROUND. Gansmoe is the fee owner of Lot 7, Block 5, Cedar Highlands
5th Addition, Dakota County, Minnesota ("Subject Property"). The City owns an easement for
drainage and utility purposes over part of the Subject Property. Gansmoe desires 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:
• Gansmoe shall be responsible for installing, at his sole cost and expense, the private drain
tile system;
• Gansmoe is responsible for restoring the ground cover disturbed in connection with the
installation of the private drain tile system; and
• Gansmoe will own and maintain the private drain tile system.
1s7271v1
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easements within the Subject Property, Gansmoe, his heirs, successors and
assigns, hereby agrees 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 system 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.)
187271v1 2
(SEAL)
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
CITY OF LAKEVILLE
Matt Little, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2016, 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
187271v1 3
PROPERTY OWNER:
Patrick J. Gansmoe
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2016, by Patrick J. Gansmoe, a single person.
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
AMP/cjh
187271v1 4
EXHIBIT "A"
l
1s7z7ivt 5