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Date: Item No.
ENCROACHMENT AGREEMENT WITH BAURS FOR
PRIVATE IMPROVEMENTS IN PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Encroachment Agreement
with the Baurs for private improvements in public easements.
Overview
Kevin Baur and Annie Baur (17645 Iberia Avenue) request approval to construct privately owned
and maintained shed in public easements. The property owner will own and maintain the private
shed.
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 KEVIN BAUR and ANNIE
BAUR, husband and wife (“Baurs” or “Owners”).
1. BACKGROUND. The Baurs 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 7, Block 1, Daniels 2nd Addition, according to the recorded plat thereof,
Dakota County, Minnesota,
(abstract property)
having a street address of 17645 Iberia Avenue, Lakeville, Minnesota 55044 (“Subject Property”).
The City owns an easement for drainage and utility purposes over part of the Subject Property.
Owners desire to construct a shed 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 shed. The conditions of encroachment
approval are as follows:
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The City shall have no responsibility to maintain or repair the shed located within the
City’s easements.
The shed 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.
Baurs are fully responsible and liable for any and all damage caused to the shed
because of it being constructed in the City’s easement area.
Baurs will own and must maintain the shed.
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
of the shed.
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 shed 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: _____________________________________
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”