HomeMy WebLinkAboutItem 06.kDate: September 6, 2011
Item No.
ENCROACHMENT AGREEMENT WITH MALT -O -MEAL COMPANY
Proposed Action
Staff recommends adoption of the following motion: Move to adopt the attached Encroachment
Agreement with Malt -O -Meal Company.
Passage of this motion will result in Malt-O -Meal being allowed to install private storm sewer
improvements with a City drainage utility easement.
Overview
Malt -O -Meal is proposing to expand the existing parking lot at 20802 Kensington Boulevard in
the Fairfield Business Campus. In conjunction with the parking lot expansion, Malt -O -Meal is
also installing private storm sewer pipe and storm water ponding areas on their property. A
small section of the new private storm sewer pipe is proposed to encroach into an existing City
drainage and utility easement on the property.
Because these proposed storm sewer and ponding improvements only serve the Malt -O -Meal
property they are considered to be private. As a result, an Encroachment Agreement is
required to allow these private improvements to be located in a City drainage and utility
easement.
The City Attorney has drafted the attached Encroachment Agreement. The agreement provides
that the City to suspend or terminate or suspend the agreement in the case of an emergency or
if City can no longer utilize the easement with Malt -O- Meal's improvements in the easement.
Staff recommends approval of the Encroachment Agreement with Malt -O -Meal.
Primary Issues to Consider
• Will the City still be able to utilize the existing easement for the intended purpose?
The City will still have the right to service and maintain the existing utilities in the
area covered by the area included in the Encroachment Agreement.
Supporting Information
• Copy of Proposed Encroachment Agreement
David L. Olson
Community and Economic Development Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this day of , 2011, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and MALT -O -MEAL
COMPANY, A Minnesota corporation, ( "Owner ").
1. BACKGROUND. Owner is the holder of an easement for private drainage and
utility purposes over certain real property located in the City of Lakeville, County of Dakota and
State of Minnesota, legally described in Exhibit A attached hereto ( "subject property "). The City
owns an easement for drainage and utility purposes over the subject property. The Owner seeks
permission from the City to install private utilities on the subject property which will encroach into
the City's easement areas as depicted on the survey sketch attached hereto as Exhibit B.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its easement areas on the subject property for the installation of private utilities by
Owner.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the City's easement areas, Owner, its successors and assigns, hereby agrees to
indemnify and hold the City harmless from any damage caused to the subject property, including
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the private utilities on the subject property, caused in whole or in part by the encroachment into the
City's easement areas.
4. SUSPENSION AND TERMINATION OF AGREEMENT. The City may
terminate this Agreement at any time by giving the then owner of the easement over the Subject
Property ninety (90) days advance written notice, provided however, City shall not act
unreasonably in its decision to terminate this Agreement and shall not terminate this Agreement
unless the City abandons its easement in the subject property or cannot otherwise utilize such
easement area with Owner's utilities located in such easement. If the City terminates this
Agreement, the City shall assist Owner in securing an alternate location for Owner's utilities that
would otherwise be located in the City's easement areas, and Owner shall remove the private
utilities on or before the effective date of the termination of this Agreement.
The City may suspend this Agreement in the case of an emergency. Notice of a
suspension of this Agreement will be provided to the best of the City's ability based on the
nature of the emergency. If Owner is required to remove the private utilities during a suspension
of this Agreement, removal and re- installation of the utilities will be at Owner's expense. If the
City suspends this Agreement or terminates this Agreement, Owner shall not be found or
determined to be in violation of any requirements or conditions imposed by the City with respect
to the drainage system to which Owner's utilities in the City's easement areas relate during the
period of time in which Owner is revising its drainage system, provided the Owner's drainage
system is compliant with all federal, state and local rules and regulations related to drainage
within a reasonable time following the suspension or termination.
If the Owner fails to remove the private utilities for either a suspension (if utility removal is
necessary) or termination of this Agreement, the City may remove the private utilities and charge
the cost of removal back to the Owner for reimbursement.
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5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the subject property.
(SEAL)
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2011, by Mark Bellows and by Charlene Fridges, 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.
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2011, by , the , of
Malt -O -Meal Company, a Minnesota corporation, on behalf of said corporation.
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CITY OF LAKEVILLE
By:
Mark Bellows, Mayor
By:
Charlene Friedges, City Clerk
MALT -O- MEAL COMPANY
By:
Its:
Notary Public
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651 -452 -5000
AMP /cjh
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EXHIBIT "A"
Legal Description of Subject Property:
The South 35 feet of the North 100 feet of the West 320 feet of Outlot A, FAIRFIELD
BUSINESS CAMPUS, according to the recorded plat thereof, Dakota County, Minnesota.
And
The East 35 feet of the West 320 feet of the North 100 feet of Outlot A, FAIRFIELD BUSINESS
CAMPUS, according to the recorded plat thereof, Dakota County, Minnesota.
And
The South 35 feet of the North 100 feet of the east 700.01 feet of Lot 2, Block 1, FAIRFIELD
BUSINESS CAMPUS, according to the recorded plat thereof, Dakota County, Minnesota.
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Attach Survey Sketch
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EXHIBIT "B"
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