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Date: July 15, 2019 Item No.
ENCROACHMENT AGREEMENT WITH APPLEGATE AND BALL
FOR PRIVATE IMPROVEMENTS IN PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Encroachment Agreement
with Justin Applegate and Ellen Ball for private improvements in public easements.
Overview
Justin Applegate and Ellen Ball are the property owners of 19753 Holdingford Way (Lot 4, Block
3, Legacy 1st Addition). The property owners request approval to construct private improvements
(drain tile system) in public easements. The property owners will own and maintain the private
drain tile system.
Primary Issues to Consider
• The property owner is 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: Zach Johnson, City Engineer
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[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 JUSTIN APPLEGATE, a
single person, and ELLEN BALL, a single person (“Owners”).
1. BACKGROUND. Justin Applegate and Ellen Ball are the owners of Lot 4, Block 3,
Legacy 1st Addition, Dakota County, Minnesota ("Subject Property"). The City owns an easement
for drainage and utility purposes over part of the Subject Property. Owners desire to construct a
private drain tile system on the City’s easement within the Subject Property as depicted on the survey
sketch attached hereto as Exhibit “A”.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its easement for the installation of the private drain tile system. The conditions of
encroachment approval are as follows:
• Owners shall be responsible for installing, at their sole cost and expense, the private drain
tile system;
• Owners are responsible for restoring the ground cover disturbed in connection with the
installation of the private drain tile system; and
• Owners will own and maintain the private drain tile system.
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3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City’s easement within the Subject Property, Owners, 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 installation, operation and maintenance or lack of maintenance of the
drain tile system.
4. TERMINATION OF AGREEMENT. The City may terminate this agreement as
to the City easement within the Subject Property at any time if the City needs to occupy the easement
for drainage and utility purposes by giving the then owner of the Subject Property thirty (30) days
advance written notice. The owner of the Subject Property may be required to remove the drain
tile system if it is deemed necessary by the City in order to exercise the purpose of the existing
drainage and utility easement. No notice under this paragraph shall be required in the event of an
emergency.
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
__________________, 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
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EXHIBIT “A”