HomeMy WebLinkAboutItem 06.jSeptember 14, 2011 Item No.
Proposed Action
Staff recommends adoption of the following motion: Move to approve an encroachment
agreement with Teresa M. Lesney as presented.
Adoption of this motion will allow the fence recently installed for Ms. Lesney to remain and
encroach onto City -owned Outlot C, Chadwick Farm.
Overview
Teresa Lesney lives in a single family home on a cul -de -sac street in Chadwick Farm located at
21278 Inspiration Court (see attached map). A city -owned outlot with a trail and a neighborhood
park is located adjacent to the rear of her lot. She recently had a chain link fence installed that
encroaches into the City's outlot and parallels the adjacent trail. The fence does not pose any
adverse impacts to the City's trail or facilities.
The City Attorney has prepared an encroachment agreement that would allow the fence to
remain in its current location until such time as it is removed or replaced or if the City needs to
utilize the area of the encroachment.
Staff recommends the City Council enter into the encroachment agreement with Ms. Lesney.
Primary Issues to Consider
What are the implications if this encroachment agreement is not approved?
Ms. Lesney would have to remove the portion of her fence that encroaches onto the City's
property.
Supporting Information
• Encroachment Agreement
Loc_tio M
Daryl M'• rey, Pla g Director
SEPTEMBER 19, 2011 CITY COUNCIL MEETING
CHADWICK FARM FENCE ENCROACHMENT AGREEMENT
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
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(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this /S day of /::/ % _ , 2011, by and between the
CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City ") and TERESA M.
LESNEY, a single person ( "Owner ").
1. BACKGROUND. Owner is the fee owner of Lot 14, Block 4, Chadwick Farm
Third Addition with a street address of 21278 Inspiration Court in the City of Lakeville, County of
Dakota, and State of Minnesota ( "Subject Property "). The City is the fee owner of Outlot C,
Chadwick Farm in the City of Lakeville, County of Dakota, State of Minnesota ( "City Property ").
The Subject Property and the City Property abut.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on the City Property for the existing fence on the Subject Property that encroaches
onto the City Property. If the fence is replaced or removed in whole or in part, this Encroachment
Agreement shall be deemed terminated and reestablishing the fence on the City Property is
prohibited.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City Property, Owner for herself, her heirs and assigns, hereby agrees to indemnify
and hold the City harmless from any damage caused to the Subject Property, including the existing
1
building on the Subject Property, caused in whole or in part by the encroachment onto the City's
easement.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the owner of the subject property thirty (30) days
advance written notice. The property owner shall remove the fence before the effective date of the
termination of this Agreement. If the owner fails to do so the City may remove the fence.
Property.
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5. RECORDING. This Agreement shall be recorded against the title to the Subject
(SEAL)
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
AND
Charlene Friedges, City Clerk
PROPERTY OWNER
Te esa M. Lesney
2
STATE OF MINNESOTA
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
, 2011, by Mark Bellows 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.
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ! J day of
�ti�eer , 2011, by Teresa M. Lesney, a single person.
PENNY BREVIG
NOTARY PUBLIC • MINNESOTA
My Commission Expires Jan. 31, 2015
)ss.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: 651- 452 -5000
RNK
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NOTARY PUBLIC
NOTAR L C
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