HomeMy WebLinkAboutItem 06.kl 1
July 16, 2010
Item No.
Encroachment Agreement for Property Located at 20765 Holyoke Avenue
Proposed Actions
Staff recommends adoption of the following motion: Move to approve an Encroachment
Agreement for the Ben Franklin Store property located at 20765 Holyoke Avenue.
Passage of this motion will result in the City's approval of the encroachment of the front wall of
this building from 1.7 to 1.95 feet into the Holyoke Avenue right -of -way and a small
encroachment of the gas meter into the alley right -of -way behind the building.
Overview
The Ben Franklin store property is in the process of being sold from the J & J Holding Co.
(Enggren Family) to Seven Sixty Five LLC (Mark Hotzler). As part of the transaction, an as -built
survey of the property was prepared and it was determined that the existing building encroaches
between 1.7 and 1.95 feet into the Holyoke Avenue right -of -way and there is a small
encroachment of a gas meter in the alley right -of -way behind the building. These
encroachments have existed for many years, but were only recently identified with the
completion of the as -built survey. As the survey indicates, the adjoining buildings also appear to
encroach into the Holyoke Avenue right -of -way.
The City Council approved an Encroachment Agreement for this property at the July 6 th City
Council meeting After this approval, attorneys for the buyer and seller identified minor
modifications they wished to make in the agreement including changing the agreement so that it
is with the current owner rather than the proposed buyer.
Staff and the City Attorney recommend approval of this revised agreement.
Primary Issues to Consider
• Is the City Council in agreement with the approval of the existing encroachment of the
building located at 20765 Holyoke Avenue to facilitate its sale to a new owner? Failure to
approve this agreement may prevent the sale from being completed.
Supporting Information
• Revised Encroachment Agreement including exhibits and as- built - survey.
David L. Olson
Community & Economic Development Director
Financial Impact: $ 0 Budgeted: Y/N N Source:
(reserved for reczim t:f =tion)
ENCROACHMENT AGREEMENT
AGREEMENT made this day of , 2010, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and J & J HOLDING
CO., a Minnesota general partnership, ( "Owner ").
1. BACKGROUND. Owner is the fee owner of the property legally described on the
attached Exhibit "A" in the City of Lakeville, County of Dakota, and State of Minnesota ( "subject
property "). Owner's existing building encroaches on the building's East side onto the right -of -way
of Holyoke Avenue adjacent to Owner's property, and, further, a gas meter extending from Owner's
said building on the building's West side encroaches onto an Alley adjacent to Owner's property on
the West side.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment over that part of the right -of -way of Holyoke Avenue legally described on the
attached Exhibit `B" for the building existing on the subject property as of the date of this
Agreement, and, further, the City hereby approves the gas meter encroachment from the subject
property onto that part of the Alley legally described on the attached Exhibit "C" as of the date of
encroachment agreement- City-gas meter /enggrens/ben fi=M n/re 1
this agreement. If the existing building is demolished or otherwise destroyed, by more than 50% in
assessed value or floor area, this encroachment agreement, including the building encroachment
onto Holyoke Avenue and the gas meter encroachment onto the Alley, shall terminate.
3. HOLD HARML AND INDEMNITY. In consideration of being allowed to
encroach on the right -of -way of Holyoke Avenue and on the Alley, Owner, for itself, its successors
and assigns, hereby agrees to indemnify and hold the City harmless from any damage caused to the
subject property, including the existing building on the subject property, caused in whole or in part
by the encroachment onto either the said Holyoke Avenue or the Alley.
4. RECORDING. This Agreement shall be recorded against the title to the subject
property.
CITY OF LAKEVILLE
1
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
Holly Dahl, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2010, by Holly Dahl and by 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
encroachment agreement- City-gas meter /eng9m0en franUm/re 2
PROPERTY OWNER:
J & J HOLDING CO.
By
(John B. Enggren)
Its Partner
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2010, by JOHN B. ENGGREN, Partner of J & J HOLDING CO., a Minnesota
general partnership, on behalf of the partnership.
NOTARY PUBLIC
THIS DOCUMENT DRAFTED BY:
R. GLENN NORD, & ASSOCIATES, P.A.
20686 Holyoke Avenue
P. O. Box 427
Lakeville, MN 55044
encroachment agreernent- City -gas meter /enggrens/ben franUm/re
EXHIBIT "A"
Subiect Property
Lot 5, Block 12, LAKEVILLE VILLAGE, also known as TOWN OF FAIRFIELD, Dakota
County, Minnesota, according to the recorded plat thereof.
And also,
(Certificate of Title No. 146337)
Commencing at a point on the South line of the Northwest Quarter of the Southeast Quarter of
Section 29, Township 114, Range 20, 40 feet west of the Southeast corner of the Northwest Quarter
of the Southeast Quarter of said Section 29, running thence North parallel to the East line of the said
Northwest Quarter of the Southeast Quarter of said Section 29, a distance of 35 feet; thence West
parallel to the South line of said quarter - quarter section, a distance of 100 feet; thence South parallel
to the East line of said quarter - quarter section a distance of 35 feet to the South line of said quarter -
quarter section; thence East on the South line of said quarter - quarter section, a distance of 100 feet
to the point of beginning. (Also known as that part of Lot 5, Block 1, WRIGHT AND BALCH'S
ADDITION TO LAKEVILLE, Except the north 15 feet thereof).
encroachment agreement- City -gas meter /enggens/ben funk n/re 4
EXHIBIT "B"
City Easement Area
That part of Holyoke Avenue as shown on Dakota County Road Right -of -Way Map No. 175
described as follows:
Commencing at the southeast corner of the Northwest Quarter of the Southeast Quarter of Section
29, Township 114, Range 20, Dakota County, Minnesota; thence South 89 degrees 59 minutes 24
seconds West, assumed bearing, along the South line of said Northwest Quarter of the Southeast
Quarter a distance of 40.00 feet to the Southeast corner of Lot 5, Block 1, WRIGHT AND
BALCH'S ADDITION TO LAKEVILLE and the beginning of the parcel to be described; thence
North 00 degrees 33 minutes 33 seconds East, along the East line of said Lot 5, a distance of 35.00
feet; thence North 89 degrees 59 minutes 24 seconds East a distance of 1.70 feet; thence South 00
degrees 18 minutes 36 seconds West a distance of 65.00 feet; thence South 89 degrees 59 minutes
24 seconds West a distance of 1.95 feet to the Southeast corner of Lot 5, Block 12, TOWN OF
FAIRFIELD; thence North 00 degrees 33 minutes 33 seconds East, along the East line of said Lot 5,
a distance of 30.00 feet to the point of beginning.
encroachment agreement- City-gas meter /enggens/ben &anUn/re 5
EXHIBIT "C"
City Easement Area - Alley
The gas meter encroachment area ( "GMEA ") consists of an approximate 3 '/2 foot (in a North -South
direction) by 2 %2 foot (in an East -West direction) rectangular area as indicated by the phrase "GAS
METER" as depicted in that certain Certificate of Survey dated 6/15/10 and bearing Project No.
210020.21, said survey having been prepared by Jacobson Engineers - Surveyors for Metro Equity
Management, a copy of which is attached hereto, and made a part hereof as Exhibit "D," and is
located in that certain Alley as depicted on the plat drawing of Block 12, Town of Fairfield,
according to the duly recorded plat thereof, Dakota County, Minnesota
encroachment agreement- City -gas meter /enggrens/ben fimMin/re 6
EXHIBIT "D"
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