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Date: Item No.
ENCROACHMENT AGREEMENT WITH HAZLETT
FOR PRIVATE IMPROVEMENTS IN PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Encroachment
Agreement with Thomas and Tara Hazlett for private improvements in public easements.
Overview
Thomas and Tara Hazlett are the property owners of 17151 Kerrick Court. After recent building
construction and site work was completed, it was discovered that private improvements
(retaining wall) were partially installed in public easements. The Hazletts request approval to
allow the private improvements to remain in the public easements. The property owners will
own and maintain the private wall.
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: $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
January 16, 2018
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(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _______ day of _____________, 20___, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and THOMAS A.
HAZLETT AND TARA L. HAZLETT, husband and wife, (the “Hazletts” or “Owners”).
1. BACKGROUND. The Hazletts 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 5, Block 1, KENWOOD PLACE, according to the recorded plat
thereof, Dakota County, Minnesota,
having a street address of 17151 Kerrick Court, Lakeville, Minnesota (“Subject Property”). The
City owns easements for drainage and utility purposes over portions of the Subject Property. A
retaining wall has been constructed on the south side of the Subject Property 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 of the retaining wall in its easement areas on the Subject Property, subject to the
following conditions:
• The retaining wall located on the Subject Property shall not impact or increase water
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drainage on the abutting property or cause any adverse drainage patterns or erosion to the
abutting property.
• The Owner(s) of the Subject Property will own and maintain the retaining wall.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement areas, the Hazletts, 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 retaining wall 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 retaining wall to the effective date
of the termination of this Agreement. If the owner fails to do so the City may remove the retaining
wall 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.
[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 _________ day of
__________________, 20____, 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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EXHIBIT “A”