Loading...
HomeMy WebLinkAboutItem 06.n Date: August 6, 2018 Item No. ENCROACHMENT AGREEMENT WITH JOUNG AND KIM FOR PRIVATE IMPROVEMENTS IN PUBLIC EASEMENTS Proposed Action Staff recommends adoption of the following motion: Move to approve Encroachment Agreement with Jun Joung and Christina Geongja Kim for private improvements in public easements. Overview Jun Joung and Christina Geongja Kim are the property owners of 19283 Icicle Avenue (Lot 7, Block 3, Summerlyn 4th Addition). After building construction and site work was completed, it was discovered that private improvements (boulder retaining walls) were partially installed in public easements. The property owners request approval to allow the private improvements (boulder retaining wall) to remain in the public easements. 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: $0 Budgeted: Y☐ N☐ Source: N/A Related Documents: Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Alex Jordan, Assistant City Engineer 198458v1 1 (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this ____ day of _____________, 2018, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and JUN JOUNG and CHRISTINA GEONGJA KIM, husband and wife (“Owners”). 1. BACKGROUND. Jun Joung and Christina Geongja Kim are the fee owners of certain real property located in the City of Lakeville, County of Dakota, State of Minnesota, legally described as follows: Parcel ID No. 22-73353-03-070 Lot 7, Block 3, SUMMERLYN 4TH Addition, Dakota County, Minnesota, according to the recorded plat thereof. (Abstract Property) having a street address of 19283 Icicle Avenue, Lakeville, Minnesota 55044 (“Subject Property”). The City owns easements for drainage and utility purposes over portions of the Subject Property. The Owners desire to construct a retaining wall on the Subject Property which encroaches on the City’s drainage and utility easement areas as depicted on the attached Exhibit “A”. 198458v1 2 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in the City’s Easement Areas on the Subject Property for the retaining wall subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: • The City shall have no responsibility to maintain or repair the retaining wall located within the City’s Easement Areas. • The retaining wall located on the Subject Property must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • The Owners shall construct the retaining wall consistent with all applicable federal, state and local laws and regulations. • The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the retaining wall because of it being constructed in the City’s Easement Areas. • The Owners 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 Owners, for themselves, their heirs, successors and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property or retaining wall encroaching into the City’s Easement Areas as depicted on Exhibit “A”, 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 terminate this Agreement at any time if it is reasonably necessary for the City to occupy the City’s E asement Areas for drainage or utility purposes and the retaining wall 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 retaining wall to the extent it impacts the City’s Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the retaining wall to the extent it impacts the City’s Easement areas and charge the cost of removal back to the owner for reimbursement. 198458v1 3 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. Signatures contained on the following pages.) 198458v1 4 CITY OF LAKEVILLE By: _____________________________________ (SEAL) Colleen J. Ratzlaff LaBeau, Acting Mayor And ____________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _________ day of __________________, 2018, 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 198458v1 5 PROPERTY OWNERS: _______________________________________ Jun Joung _______________________________________ Christina Geongja Kim STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ______ day of __________________, 2018, by Jun Joung, spouse to Christina Geongja Kim. ____________________________________ Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ______ day of __________________, 2018, by Christina Geongja Kim, spouse to Jun Joung. ____________________________________ Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, #290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt 198458v1 6 EXHIBIT “A”