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Home My WebLink About4.C.3. Authority to enter into Encroachment Agreements Consent Business 4. C. 3. SHAKOPEE TO: Mayor and City Council FROM: Kris Wilson, Acting City Administrator DATE: 03/03/2015 SUBJECT: Authority to Enter into Encroachment Agreements (F) Action Sought The Council is asked to grant the appropriate officials the general and ongoing authority to sign standard Encroachment Agreements on behalf of the City without Council action on each individual agreement. Background From time to time situations are brought to staffs attention where a property owner has encroached into a City easement. Common examples of encroachments are items like fences, retaining walls and garden sheds. While City staff works to prevent such encroachments by educating property owners on the rules surrounding easements, they continue to occur in areas throughout the City. Often times property owners have made significant financial investments in these items, which they view as improvements to their property, and staff learn of their existence months or years after they've been installed. However, as easements are generally intended to provide maintenance personnel with access to various infrastructure and utilities, these encroachments can also pose a significant challenge to meeting the City's maintenance needs. To address this conflict, the City has had the practice of evaluating encroachments on a case by case basis and, where possible, allowing the encroachment to remain through a formal encroachment agreement. An encroachment agreement provides a written document signed by both the property owner and the City, acknowledging the existence of an encroachment but allowing it to remain in place so long as the property owner accepts the obligation to pay for removal of the encroachment at any point in the future should it block or prevent the City from performing necessary maintenance tasks. The agreement is then recorded with Scott County, ensuring that it runs with the property in the event the property is sold to another owner in the future. A copy of a typical encroachment agreement is attached for Council's information. As these encroachment agreements are fairly brief, standard and generally non-controversial documents, staff is asking Council to grant the appropriate officials the authority to sign such agreements on behalf of the City on an ongoing basis. This will allow for the more timely execution and recording of these agreements and eliminate the need to bring each individual agreement forward for Council approval. Relationship to Vision This is a housekeeping item intended to streamline a routine task. Budget Impact This action has no budgetary impact. The individual encroachment agreements stipulate a modest fee to offset the cost of preparing and recording the document. Requested Action The Council is asked to grant the appropriate officials the general and ongoing authority to sign standard Encroachment Agreements on behalf of the City without Council action on each individual agreement. Attachments: Sample Encroachment Agreement ENCROACHMENT AGREEMENT �,1 �//� / This Encroachment Agreement ("Agreement") is made as of the/041day of 7 , 20)6, by and between the City of Shakopee, a Minnesota municipal corporation ("City") and Darin N. Unze ("Owner"). RECITALS A. Darin N. Unze is the owner of property located at 940 Westchester Avenue City of Shakopee, County of Scott, State of Minnesota, legally described as follows: [Section 18 Township 115 Range 022 / Subdivision Name WESTCHESTER ESTATES /Lot-006 Block-008 SubdivisionCd 27359/PID 273591010] B. The Property is subject to a drainage and utility easement in favor of the City, which was dedicated to the City in the plat of WESTCHESTER ESTATES; and C. Owner constructed and installed a Key-Stone Wall ("Improvements") that is encroaching into the Easement("Encroachment Area"); and D. The City has agreed that Owner may keep in place and maintain the Improvements within the Encroachment Area on the condition that they execute this Agreement. AGREEMENT NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements set forth in this Agreement, the parties agree as follows: 1. Owner may keep and maintain the Improvements within the Encroachment Area. 2. The permission granted by the City in this Agreement is limited exclusively to the Improvement within the Encroachment Area, see attachment I, with no other Improvements. 445238v1 JJT SH155-23 I 3. This Agreement shall not prevent or impair the use of the Encroachment Area for the drainage and utility purposes by the City or any other entity entitled by law to so use the Encroachment Area. 4. In the event the City needs to maintain, operate, repair, access or remove the drainage and utility improvements located within the Encroachment Area and the Improvements interfere with such maintenance, operation, repair, access or removal, the City shall provide notice to Owner pursuant to Paragraph 8 of this Agreement. The City's costs of removing the necessary portion of the Improvements in order for the City to exercise its easement rights shall be paid by Owner. Owner shall be responsible for the costs of restoring or reinstalling any of the Improvements that were removed. Any damages to the Improvements resulting from the City's activities shall be borne and assumed by Owner, provided, however, that the City shall be responsible for any damages caused by the negligence or willful misconduct of the City, its officials, employees, contractors and agents. 5. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and assigns. 6. Owner shall indemnify, hold harmless and defend the City, its officials, employees, contractors and agents, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs or expenses (including reasonable attorneys' fees), arising from or in connection with or caused by any act, omission or negligence of Owner, their contractors, licensees, invitees, agents, servants or employees in connection with the construction,repair or maintenance of the Improvements. 7. Owner agree not to suffer or allow any liens, claims, and processes to be placed against the City's rights to or interest in the Encroachment Area as a result of the use of the Encroachment Area, including, without limitation, any liens for labor or materials provided for the construction,repair, or maintenance of the Improvements. 8. Required notices to the parties to this Agreement shall be in writing, and shall either be hand delivered or mailed to the following addresses: a) As to the City: City of Shakopee 129 South Holmes Street Shakopee,MN 55443-4300 Attn: City Administrator b) As to Owners: Darin N. Unze 940 Westchester Avenue Shakopee, MN 55379 9. Owner shall pay $100.00 to the City to defray the City's cost in preparing and recording this agreement. 445238v1 JJT SH155-23 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF SHAKOPEE By: Brad Tabke Its: Mayor By: Kristine Lyndon Wilson Its: Acting City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 20_, by Brad Tabke and Kristine Lyndon Wilson the Mayor and Acting City Administrator, respectively, of the City of Shakopee, Minnesota, a municipal corporation, on behalf of the City. Notary Public 445238v1 JJT SH155-23 3 OWNER By: Darin N. Unze STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) 20JThe foregoing instrument was acknowledged before me this 10 day of r , , by Darin N. Unze a single person. Lori J. Hensen = NOTARY PUBLIC State of Minnesota Notary ar h,:,;,;.•• My Commission Expires 1-31-2017 This document was drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 445238v1 JJT SH 155-23 4 EXHIBIT PREPARED FOR: •JJARIN UNZE ! r& Valley Surveying Co., P.A. I 1•11 °940 RESTCHESTER AVENUE u Phone 447-2570 rt30 n Surveyors 16670 Fonklinail SE.Fox(9952)447-2571SHAKOPEE,, AIN 55379 l TA, Prior Lake,Minnesota 55372 .."--..2- 4)..C' '->e)app �C�\ r-,„, /o S8 ry faoT ZS6+53 •• / ,4,z--4.1, ti 9S O \TpFRA* , (4„ '' \ �; / �e / a3 Q. i„ 1 =e/ W i hp CO V : .. 3 s \ oy ry =;y s, o / S79�3 473E I rr,^, % _, 99,4--5 l vl / o, P 0 J ^L EXISTNG 'KEY-STONE'WALL T 4' --EXISTING DRAINAGE& Q_ SET"X" _ �"UTILITY EASEMENT PER PLAT- ON ROCK--'; ,' ry J • ° . .. �1 w� `11•; .7 !� X01, 4. ,. 'i� ii - �� ! o� o off+ �� o. -'BOULDERS/TpOCKS UM•t lv 15I ' "RCP APRON LEGAL DESCRIPT7ON; (as provided) Lof 6, Block 8, WESTCHES7ER ESTATES Scott County, Minnesota. Also showing the location of the existing Improvements within the existing platted drainage&utility easement, as located In the field the 22nd day of July, 2014. SURVEYaR S NOTES 1. No title work was furnished for the preparation of this exhibit to verify ownership, the legal description, or the'..existence of any easements or encumbrances. 2. This exh&it purports only to show those improvements in or adjacent to the Drainage&Utility Easement near the southerly line of said Lot 6, Block 8, as shown on the recorded plot of WESTCHESTER ESTATES, as instructed by Owner. 20 0 10 20 �� I hereby certify that this Easement£dbit was prepared by me or under my direct SCALE IN FEET supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minn- ota. • DENOTES IRON MONUMENT FOUND ., -L O DENOTES IRON MONUMENT SET AND nesota Lkense��er3p9 MARKED BY LICENSE NO. 42309 Dated this 23_'�day of k1`T, , 2014 FILE 10978 BOOK 2601 PAGE 34 A/Tat'Hn4FN7- -Z GREG C:/Drawings/70978-BDRY.dwg