HomeMy WebLinkAboutItem 06.lDate: September 19, 2016
Item No.
ENCROACHMENT AGREEMENT WITH CORAK FOR
PRIVATE DRAIN TILE SYSTEM ON PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve encroachment agreement
with Matthew Corak for installation of a pjivate drain tiles stem on public easements.
Overview
Matthew Corak (19812 Itea Avenue) requests to construct a private drain file system on public
easements. The property owner will own and maintain the private drain tile system.
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 system if the City determines the
public easements must be utilized.
Supporting Information
• Encroachment Agreement
Financial Impact: $ 0 ]Budgeted: Y❑ NO 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 or recording information]
ENCRGACIRdENT AGREEMENT
AGREEMENT made this day of , , 2016, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and MATTHEW CORAK,
a single person ("Corak").
1. BACKGROUND. Corak is the fee owner of Lot 4, Block 3, Donnelly Farm 0
Addition, Dakota County, Minnesota ("Subject Property"). The City owns an easement for drainage
and utility purposes over part of the Subject Property. Corak 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:
• Corak shall be responsible for installing, at his sole cost and expense, the private drain
tile system;
• Corak is responsible for restoring the ground cover disturbed in connection with the
installation of the private drain tile system; and
• Corak will own and maintain the private drain file system.
1883120
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's easements within the Subject Property, Corak 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. 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 then owner of the Subject Property thirty
(30) days advance written notice. The owner of the Subject Propry maybe 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)
188312v1 2
CITY OF LAKEVILLE
(SEAL)
And
STATE OF MINNESOTA }
PG.
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
1ss312A 3
PROPERTY OWNER:
Matthew Corak
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this '_� day of
2016, by Matthew Corak, a single person.
DRAFTED BY:
Campbell Knutson
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Notary Publi
188312vl 4
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