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Date: Item No.
ENCROACHMENT AGREEMENT WITH HARTUNGS FOR
PRIVATE IMPROVEMENTS IN PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Encroachment Agreement
with the Hartungs for private improvements in public easements.
Overview
Sarah Hartung and Adam Hartung (20372 Greenwood Avenue) request approval to construct
privately owned and maintained retaining walls in public easements. The property owner will own
and maintain the private retaining walls.
Primary Issues to Consider
• What happens if the City needs to use/access the public easements? 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: Design that Connects the Community
Report Completed by: Alex Jordan, Assistant City Engineer
July 6, 2020
0 N/A
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(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _______ day of _____________, 2020, by and between the CITY
OF LAKEVILLE, a Minnesota municipal corporation (“City”), and SARAH HARTUNG and
ADAM HARTUNG, wife and husband (“Hartungs” or “Owners”).
1. BACKGROUND. Hartungs are the fee owners of certain real property located in the
City of Lakeville, County of Dakota, State of Minnesota, legally described as follows:
PID 22-11920-02-090
Lot 9, Block 2, Aspen Grove, according to the recorded plat thereof, Dakota
County, Minnesota,
(abstract property)
having a street address of 20372 Greenwood Avenue, Lakeville, Minnesota 55044 (“Subject
Property”). The City owns easements for drainage and utility purposes over portions of the Subject
Property. Hartungs desire to construct and maintain a retaining wall on the City’s easements within
the Subject Property which encroach on the City’s easement areas as depicted on the survey sketch
attached hereto as Exhibit A.
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2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment of the retaining wall in its easement areas on the Subject Property. Further conditions
of encroachment approval are as follows:
The retaining wall located on the Subject Property shall not impact or increase water drainage
on the abutting property or cause any adverse drainage patterns or erosion to the abutting
property.
Owners agree that the construction of the retaining wall is consistent with all applicable
federal, state and local laws and regulations.
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, 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, 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 if the City needs to occupy the easements for drainage and utility
purposes by giving the then owner of the Subject Property thirty (30) day advance written notice. The
owner of the Subject Property may be required to remove the retaining wall if it is deemed necessary
by the City in order to exercise the purpose of the existing drainage and utility easement. 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. No notice under this paragraph shall be required in the event of an
emergency condition determined solely by the City and the Agreement may then be terminated
immediately.
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: _____________________________________
Douglas P. Anderson, Mayor
(SEAL)
And ____________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _________ day of
__________________, 2020, 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”