HomeMy WebLinkAboutItem 06.n
Date: Item No.
ENCROACHMENT AGREEMENT WITH KT REAL ESTATE HOLDINGS, LLC FOR
PRIVATE IMPROVEMENTS IN A PUBLIC EASEMENT
Proposed Action
Staff recommends adoption of the following motion: Move to approve an Encroachment
Agreement with KT Real Estate Holdings, LLC for private improvements in a public easement.
Overview
KT Real Estate Holdings, LLC, owner of the Kwik Trip motor fuel and convenience store located
at 20187 Dodd Boulevard, received City Council approval of a conditional use permit
amendment on January 7, 2019 to allow an expansion of the convenience store and parking lot.
Soon after construction commenced on the addition, the developer indicated the need to place
heating, air conditioning and ventilation systems (HVAC), and a bulk cooking oil storage tank
behind and on the side of the building. The City Attorney has prepared an encroachment
agreement to allow these private improvements within the City’s easement area. The
encroachment agreement also includes previously installed improvements not recorded within
an encroachment agreement including concrete curb and gutter and a satellite dish. The
encroachment agreement will allow the placement of the private improvements within the public
easement. The property owner will be responsible for the removal and replacement of the
facilities in the event public access is needed.
Staff has reviewed the request and inspected the property and has determined the encroachment
agreement to be acceptable.
Primary Issues to Consider
None
Supporting Information
• Signed Encroachment Agreement
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Diversified Economic Development
Report Completed by: Frank Dempsey, Associate Planner
May 6, 2019
0 N/A
City of Lakeville CUP 19-01
201805v4 1
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this ____ day of _____________, 2019, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“City”), and KT REAL ESTATE HOLDINGS,
LLC, a Delaware limited liability company (“Owner”).
1. BACKGROUND. Owner is the fee owner of certain real property located in the City of
Lakeville, County of Dakota, State of Minnesota, legally described on Exhibit “A” attached hereto and
made a part hereof (“Subject Property”).
The City owns easement rights for drainage and utility purposes over northerly portions of the
Subject Property, legally described on the attached Exhibit “B” (“City’s Easement Areas”) per the Grant of
Permanent Easement dated June 14, 1995 and recorded in the Office of the County Recorder, Dakota
County, Minnesota on August 30, 1995 as Document Number 1298372. The following improvements have
been constructed within and encroach on the City’s Easement Areas: (i) picnic table/benches; (ii) bulk oil
tank; (iii) make-up air unit; (iv) split system AC Unit; (v) 3 refrigeration condensers; (vi) HVAC unit; (vii)
concrete pad; (viii) satellite dish (collectively, the “Improvements”); and (ix) curb, gutter and pavement.
The encroachments in the City’s Easement Areas are depicted on the attached Exhibit “C.”
201805v4 2
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment
of the Improvements in the City’s Easement Areas on the Subject Property to the limited extent depicted in
Exhibit “C”, subject to the conditions set forth in this Agreement, which include:
• The Improvements shall not impact or increase water 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 Improvements.
• The Owner(s) shall provide and maintain screening acceptable to the City for the bulk oil tank, make
up air unit, split system AC Unit, refrigeration condensers, HVAC Unit, and satellite dish.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach
in the City's Easement Areas, the Owner, for itself, its successors and assigns, hereby agrees to indemnify
and hold the City harmless from any damage caused to the Subject Property or the Improvements
encroaching into the City’s Easement Areas as depicted on Exhibit “B,” 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 for any one
or more of the Improvements at any time if it is reasonably necessary for the City to occupy the City’s
Easement Areas for drainage or utility purposes and the Improvement(s) are 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. If the
owner fails to do so, the City may remove the Improvement(s) to the extent they impact the City’s Easement
areas and charge the cost of removal back to the owner of the Subject Property for reimbursement.
5. RECORDING. This Agreement shall run with the land and shall be recorded against the
title to the Subject Property.
201805v4 3
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 __________________,
2019, 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
201805v4 5
EXHIBIT “A”
Legal Description of Subject Property
Parcel ID No. 22-02900-32-031
Tract A:
That part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 14 North, Range 20
West, Dakota County, Minnesota, described as follows:
Commencing at the point of intersection of the center line of Dodd Road and the center line of Trunk Highway
No. 50 as said center lines where located and established prior to January 1, 1981; thence north along the
center line of said Dodd Road for 220 feet to the point of beginning of Tract A to be described; thence north
along the center line of said Dodd Road for 75 feet; thence due West 199 feet; thence due South 75 feet;
thence due East 199 feet to the point of beginning; which lies northerly of Line 1 described below and westerly
of a line run parallel with and distant 50 feet westerly of Line 2 described below:
Line 1: Beginning at the point of intersection of a line run parallel with and distant 75 feet northeasterly of
Line 3 described below with the west line of Tract A hereinbefore described; thence run easterly at right angles
to the west line of said Tract A for 200 feet and there terminating;
Line 2: From the point of termination of Line 3 described below, run westerly on said Line 3 for 100 feet;
thence continue westerly on the last described course for 561.72 feet to the point of beginning of Line 2 to be
described; thence deflect to the right at an angle of 90 degrees 29 minutes 15 seconds for 400 feet and there
terminating;
Line 3: Beginning at a point on the west line of said Section 29, distant 339.96 feet south of the northwest
corner thereof; thence run southeasterly at an angle of 51 degrees 08 minutes 35 seconds from said west
section line (measured from south to east) for 886.05 feet; thence deflect to the left on a tangential curve,
having a radius of 1909.86 feet and a delta angle of 39 degrees 48 minutes 29 seconds for 1326.93 feet; thence
on tangent to said curve for 100 feet and there terminating;
Containing 0.19 acre, more or less;
Subject to the following restriction:
No access shall be permitted to Trunk Highway No. 50 or to Dodd Road from the lands herein conveyed.
Tract B:
That part of the Northwest Quarter of the Northwest Quarter of Section 29, Township 114 North, Range 20
West, Dakota County, Minnesota, described as follows:
Commencing at the intersection of the centerline of Trunk Highway No. 50 (formerly Trunk Highway No.
65) as now located and established and the centerline of Dodd Road; thence north along the centerline of said
Dodd Road for 385 feet to the point of beginning of Tract A to be described; thence north along the centerline
of said Dodd Road for 172.50 feet; thence West 199 feet; thence South 172.50 feet; thence East 199 feet to
the point of beginning: Except that part taken by the State of Minnesota for highway purposes by Document
Number 586169.
AND
201805v4 6
The following described tract, piece or parcel of land situate, lying and being in the County of Dakota and
State of Minnesota:
That part of the Northwest Quarter of the Northwest Quarter of Section Twenty Nine, Township One Hundred
Fourteen, Range Twenty, described as follows: Commencing at the intersection of the center line of Highway
No. 65 (formerly Highway No. 50) and the center line of Dodd Road 295 feet to the point of beginning, thence
North 90 feet along the center line of Dodd Road, thence West 199 feet, thence South 90 feet, thence East 199
feet to the point of beginning,
EXCEPT that part which lies Easterly of a line run parallel with and distant 50 feet Westerly of Line 1
described below:
Line 1. From a point on the West line of said Section 29, distant 339.96 feet South of the Northwest corner
thereof run Southeasterly at angle of 51 degrees 8 minutes 35 seconds from said West Section line (measured
from South to East) for 1577.56 feet, thence deflect to the left at angle of 39 degrees 48 minutes 29 seconds
for 129.79 feet to the point of beginning of the line 1 to be described; thence deflect to the left at an angle of
89 degrees 30 minutes 45 seconds for 500 feet and there terminating.
201805v4 7
EXHIBIT “B”
Legal Description of City Easement Areas
A perpetual easement for public roadway purposes over, under and across that part of the Subject Property.
Said easement lying Easterly of a line described as commencing at the northwest corner of the above described
Tract B; thence Easterly along the north line of said Tract B a distance of 139.00 feet to the point of beginning
of the line to be described; thence deflecting to the right at an angle of 90 degrees 01 minutes 28 seconds a
distance of 312.28 feet to the south line of the above-described Tract A and said line there terminating.
Together with a perpetual easement for drainage and utility purposes over, under and across the above
described Tracts of land; said easement lying adjacent to and 5.00 feet westerly of the above described roadway
easement.
Together with a perpetual easement for drainage and utility purposes over, under and across the West 10 feet
and the South 10 feet and the South 10 feet of said Tract A; over, under and across the West 10 feet of said
Tract C; over, under and across the North 10 feet of the West 78 feet and the North 5 feet of the East 22 feet of
the West 100 feet and the North 10 feet lying East of the West 100 feet of said Tract B; over, under and across
the West 5 feet of the South 25 feet of the North 35 feet and the West 10 feet lying South of the North 35 feet
of said Tract B.
201805v4 8
EXHIBIT “C”
Depiction of Encroachments
See attached Site Plan
FREEZER103BACKROOM104DAIRY COOLER102WOMEN105INSIDE ICEMERCHMEN106LEANIN'TREESUNGLASSESBAITMEATCASEHOT SPOTWARMERHOT SPOTWARMERSOUPS4' CONDIMENTBASKETSFINANCIALCENTERATMATM4' HBC WE4' HP WATER16' HP SODACOPY8' BRODUCE9' FRESH CASE4' JERKY WEB4' HOSTESS/COOKIE WE4' PEGNUTS WEB4' SNACK BAR/SALTY SNACK WE4' PAPER/CLEAN/PET WE12' GROCERY WE8' AUTO/SEASONAL WE4' CANDYFLEX WE4' PRINGLE WEB8' GUM/MINT/BARS/KIDS WESB12' TAKE HOME CHIPS WE4' PEGCANDY WEBSMALL BAGCHIPS BOMURGE CHIPSPINNERROLLER GRILL CHIP RACKDeskMopH20HtrCO2BIBBIBShelfTotesHVACELECTRICALELECTRICAL18" X 48" TSS7 SHELVES18" X 48" TSS4 SHELVES24" X 48" TSS6 SHELVES24" X 48" TSS6 SHELVES24" X 48" TSS6 SHELVES24" X 48" TSS4 SHELVES18" X 36" TSS4 SHELVESCASHIER101WELCOME WELCOME
2' VAP6' CIGS2' OTPFountainFRESH BLENDERMY TOPWHIPCREAMF'REAL LIDS/STRAWS/SPOONSGRINDERCOFFEESOFT HEATBREWERSURE SHOTKARUBAGOLD FM800FRIDGEESPRESSOFLAVORICEDISPENSERSOFT HEATBREWERSOFT HEATBREWERSOFT HEATBREWERCAPPUCCINOMACHINE(3)CAPPUCCINOMACHINE(3)ICED TEASLUSHEEUNDERCOUNTERMALTFREEZERMALTCREAMISERHot WaterMICROWAVELarge European Bakery CaseUPRIGHTNOVELTY3' ???6'-0" Frosting TableAVERYMICROWAVET & F1073 Compartment Sink Prep Sink
MONITOR
MICROWAVE i3/HHB3 Ovens5'-8" Refrigerated Table i3/HHB3 OvensMONITOR
MICROWAVE
5'-8" Refrigerated Table
Hand Sink
ThawingCart24" X 60" TSS24" X 48" TSS24" X 36" TSS24" X 36" TSS24" X 36" TSS24" X 36" TSSFREEZER108SALES100BIN RACKRTU-1Cond.Cond.GASMake Up Air Unit14/12Split AC UnitCond.4'-0"27'-0"33'-0"45'-0"9'-0"typ.20'-0"
typ.
17'-0"
12'-0"
6'-0"6'-0"24'-4"10'-0"19'-4"0'-1"2'-0"1
3
5
°
EXISTING
CONVENIENCE
STORE
FFE=988.67
PAVEMENT FLUSH
1:12 MAX LANDING (2%
MAX)
NEW
HVAC
DRAWN BY
SCALE
PROJ. NO.
FAX (608) 781-8960
PH. (608) 781-8988
LACROSSE, WI 54602-2107
1626 OAK STREET
P.O. BOX 2107
KWIK TRIP, Inc.
DATE
SHEET
DESCRIPTIONDATENO.
CITY COMMENTS28NOV18-
Signed
Date 28NOV18
Robert J. Mueller
Reg. No. 19306
I hereby certify that this plan, specification, or
report was prepared by me or under my direct
supervision, and that I am a duly licensed
Landscape Architect under the laws of the
State of Minnesota.
GRAPHIC
18-692
19OCT18
INSITES 18-039 PM B.B.HVAC UNIT ADDITION11APR19-
Know what's below.
before you dig.Call
R
PLOTTING NOTE: PLANS PLOTTED TO 11x17
SHEET SIZE ARE 12 SCALE- 1"=20'.
10 05 10 20
NORTH
SCALE:1" = 10'