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Date: Item No.
ENCROACHMENT AGREEMENT WITH JOHN ROADFELDT FOR
PRIVATE IMPROVEMENTS IN PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Encroachment Agreement
with John Roadfeldt for private improvements in public easements.
Overview
John Roadfeldt (8370 199th Court) requests approval to construct private improvements (drain tile
system) in public easements. The property owner will own and maintain the private drain tile
system.
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
December 7, 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 JOHN EDWARD
ROADFELDT, TRUSTEE OF THE ROADFELDT REVOCABLE LIVING TRUST
DATED JULY 14, 2010 (“Roadfeldt Trust” or “Owner”).
1. BACKGROUND. The Roadfeldt Trust is the fee owner of certain real property
located in the City of Lakeville, County of Dakota, State of Minnesota, legally described as follows:
PID 22-13711-01-190
Lot 19, Block 1, Berres Ridge 2nd Addition, according to the recorded plat
thereof, Dakota County, Minnesota,
(abstract property)
having a street address of 8370 199th Court, Lakeville, Minnesota 55044 (“Subject Property”). The
City owns an easement for drainage and utility purposes over part of the Subject Property. Roadfeldt
Trust desires 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:
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• Roadfeldt Trust shall be responsible for installing, at its sole cost and expense, the private
drain tile system;
• Roadfeldt Trust is responsible for restoring the ground cover disturbed in connection with
the installation of the private drain tile system; and
• Roadfeldt Trust will own and maintain the private drain tile system.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City’s easement within the Subject Property, the Roadfeldt Trust, its successors and
assigns, hereby agrees 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
__________________, 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”