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Date: Item No.
ENCROACHMENT AGREEMENT WITH BOTTERILL
FOR PRIVATE IMPROVEMENTS IN PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Encroachment
Agreement with Jason and Krista Botterill for private improvements in public easements.
Overview
Jason and Krista Botterill are the property owners of 17819 Fielding Way. After building
construction and site work was completed, it was discovered that private improvements
(retaining walls and landscaping) were partially installed in public easements. The Botterills
request approval to allow the private improvements to remain in the public easements. The
property owners will own and maintain the private walls and landscaping.
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
May 15, 2017
0 N/A
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(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _______ day of _____________, 2017, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and JASON
BOTTERILL AND KRISTA BOTTERILL, husband and wife, (the “Botterills” or “Owners”).
1. BACKGROUND. The Botterills are the fee owners of certain real property located
in the City of Lakeville, County of Dakota, State of Minnesota, legally described as follows:
Lot 6, Block 2, Autumn Meadows Second Addition, according to the
recorded plat thereof, Dakota County, Minnesota,
having a street address of 17819 Fielding Way, Lakeville, Minnesota (“Subject Property”). The
City owns easements for drainage and utility purposes over portions of the Subject Property. The
Botterills want to plant and maintain a garden and construct retaining walls on the City’s easements
within the Subject Property which encroaches on the City’s easement areas as depicted on the
survey sketch attached hereto as Exhibit A.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its easement areas on the Subject Property for the planting and maintenance of a
garden and the construction of retaining walls, not to exceed four (4) feet in height, subject to the
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conditions set forth in this Agreement. The City shall have no responsibility to maintain the garden
or retaining walls located within the City’s easements.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement areas, the Botterills, for themselves, their heirs, successors and
assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the
Subject Property, including the garden and retaining walls in the City’s easement areas, caused in
whole or in part by the encroachment into the City's easement areas.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving 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 the Agreement may then be
terminated immediately. The property owner shall remove the garden and retaining walls to the
effective date of the termination of this Agreement. If the owner fails to do so the City may remove
the garden and retaining walls and charge the cost of removal back to the owner for reimbursement.
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
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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 _________ day of
__________________, 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