HomeMy WebLinkAboutItem 06.l
Date: Item No.
ENCROACHMENT AGREEMENT WITH KLINGSONS FOR
PRIVATE IMPROVEMENTS IN PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Encroachment Agreement
with the Klingsons for private improvements in public easements.
Overview
Luke Klingson and Sara Klingson (19917 Henley Lane) request approval of a privately owned and
maintained retaining wall 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 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: Christina Orlowsky, Project Engineer
October 19, 2020
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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 LUKE A. KLINGSON and
SARA A. KLINGSON, husband and wife (“Klingsons” or “Owners”).
1. BACKGROUND. Klingsons 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 22-13713-01-060
Lot 6, Block 1, Berres Ridge 4th Addition, Dakota County, Minnesota
according to the recorded plat thereof,
(abstract property)
having a street address of 19917 Henley Lane, Lakeville, Minnesota 55044 (“Subject
Property”).The City owns easements for drainage and utility purposes over portions of the Subject
Property. A retaining wall has been constructed on the south side of the Subject Property which
encroaches on the City’s drainage and utility Easement Areas as depicted on the survey sketch
attached hereto as Exhibit “A”.
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:
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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”