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Date: Item No.
ENCROACHMENT AGREEMENT WITH VILLALOBOS FOR
PRIVATE IMPROVEMENTS IN PUBLIC EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Encroachment Agreement
with Villalobos for private improvements in public easements.
Overview
Alexander Villalobos and Eva Villalobos (18187 Lake Forest Circle) request approval of an existing
encroachment (sport court) in public easements. The property owners will own and maintain the
private sport court.
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: $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
January 4, 2021
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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 ALEXANDER
VILLALOBOS and EVA VILLALOBOS, husband and wife (“Villalobos’s” or “Owners”).
1. BACKGROUND. Villalobos’s 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 22-58504-02-010
Lot 1, Block 2, Prairie Lake 5th Addition, Dakota County, Minnesota
according to the recorded plat thereof,
(abstract property)
having a street address of 18187 Lake Forest Circle, Lakeville, Minnesota 55044 (“Subject
Property”).The City owns easements for drainage and utility purposes over portions of the Subject
Property. A sport court has been constructed on the northeasterly 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 sport court in its easement areas on the Subject Property. Further conditions of
encroachment approval are as follows:
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• The sport court 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 sport court is consistent with all applicable federal,
state and local laws and regulations.
• The Owners of the Subject Property will own and maintain the sport court.
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 sport court 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 sport court 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 sport court 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”