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Date: Item No.
ENCROACHMENT AGREEMENT WITH ROBINSON
FOR PRIVATE DRIVEWAY ON PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Encroachment
Agreement with Thomas and Kacie Robinson for construction of private improvements on public
easements.
Overview
Thomas and Kacie Robinson (17825 Fielding Way) request to construct private improvements
(driveway widening) on public easements. The public easement is sized to accommodate
existing public utilities (storm sewer) and widening the driveway into the easement supports the
property owner’s desired driveway width. The property owners will own and maintain the
private improvements.
Primary Issues to Consider
The property owners are responsible for removing the private improvements if the City
determines the public easements must be utilized.
Supporting Information
Encroachment Agreement
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Zach Johnson, City Engineer
March 20, 2017
0
N/A
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[Reserved for recording information]
ENCROACHMENT AGREEMENT
AGREEMENT made this 20th day of March, 2017, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“City”) and THOMAS WILLIAM
ROBINSON AND KACIE LEE ROBINSON, husband and wife (“Robinsons” or “Owners”).
1. BACKGROUND. Robinsons are the fee owners of Lot 7, Block 2, Autumn
Meadows Second Addition, Dakota County, Minnesota ("Subject Property"). The City owns
easements for drainage and utility purposes over part of the Subject Property. Robinsons desire to
construct a driveway on the Subject Property which encroaches on the City’s easements as depicted
on the sketch attached hereto as Exhibit A.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its easements for the construction of the driveway as identified in the sketch
attached hereto, subject to the following conditions:
Robinsons shall be responsible for installing, at their sole cost and expense, the driveway;
Robinsons are responsible for restoring the ground cover disturbed in connection with the
construction of the driveway;
Robinsons will own and maintain the driveway;
The driveway shall not impact or increase water drainage on the abutting properties or cause
any adverse drainage patterns or erosion to abutting properties;
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The City shall have no responsibility to maintain the driveway located within the City’s
easements; and
Robinsons agree that the driveway shall be constructed consistent with all applicable
federal, state and local laws and regulations and shall not encroach beyond the areas
identified in the survey sketch.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City’s easements within the Subject Property, Robinsons, 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 construction and maintenance or lack of maintenance of
the driveway.
4. TERMINATION OF AGREEMENT. The City may terminate this Agreement
at any time if it is reasonably necessary for the City to occupy the easement area for drainage or
utility purposes and the driveway is inconsistent with the City’s use of the easement. Prior to
termination, the City will give the then owner of the Subject 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 this agreement may then be terminated
immediately. The property owner shall remove that portion of the driveway to the extent it
impacts the easement area to the effective date of the termination of this agreement. If the owner
fails to do so, the City may remove the driveway to the extent it impacts the easement area and
charge the cost of removal back to the owner for reimbursement.
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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.)
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CITY OF LAKEVILLE
By: _____________________________________
(SEAL) Douglas P. Anderson, Mayor
And ____________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 20th day of March, 2017, by
Douglas P. Anderson 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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PROPERTY OWNERS:
Thomas William Robinson
Kacie Lee Robinson
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2017, by Thomas William Robinson and Kacie Lee Robinson, 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
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EXHIBIT “A”
Driveway Encroachment in
Drainage and Utility Easement