HomeMy WebLinkAbout5.C.3. Approve Encroachment Agreement-Res. No. 7013 CITY OF SHAKOPEE
Memorandum
C U
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Joe Swentek, Project Engineer
SUBJECT: Encroachment Agreement for 2274 Wolf Ridge Avenue
(Lot 4, Block 3 of Maple Trail Estates 3 rd Addition)
DATE: May 18, 2010
INTRODUCTION:
The property owner at the above referenced address has requested permission from
the City of Shakopee to place an engineered bridge crossing over a drainage swale
located within a drainage and utility easement along the south side of their lot. Please
see the attached plan sheet.
This agenda item is to have City Council consider authorizing the appropriate City
officials to enter into an encroachment agreement between the City and the property
owners at 2274 Wolf Ridge Avenue.
BACKGROUND:
Recently the City Code was amended to include a section addressing encroachments in
easement areas (Section 7.18) and an Easement Fencing and Landscaping Policy was
adopted. These two items were implemented in an attempt to eliminate the
encroachment of trees, shrubs, bushes, retaining walls, structures, hard surface areas
and other obstructions into certain drainage and utility easements. These
encroachments can lead to the obstruction of access for maintenance purposes and
occasionally the alteration of drainage patterns. However, the City can allow such
encroachments with written permission. This written permission is in the form of an
encroachment agreement. Please see the attached agreement.
It should be noted that per the agreement should the City ever need to maintain,
operate, repair or access the drainage swale, the property owner will be responsible to
remove and replace the impacted encroachment at their expense.
ALTERNATIVES:
1. Adopt Resolution No. 7013, a resolution authorizing the appropriate City officials to
enter into an encroachment agreement between the City and the property owners
at 2274 Wolf Ridge Avenue.
2. Deny Resolution No. 7013, a resolution authorizing the appropriate City officials to
enter into an encroachment agreement between the City and the property owners
at 2274 Wolf Ridge Avenue.
3. Table for additional information from staff.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 7013, a Resolution approving City staff to enter into an
encroachment agreement between the City and the property owners at 2274 Wolf
Ridge Avenue and move its adoption.
Joe Swentek
Project Engineer
Js/pmp
ENGR/ 2010 - PROJECTS /2010- COUNCIL/ENCROACHMENT -WOLF- RIDGE- MEM7013
RESOLUTION 7013
A Resolution Approving City staff to Enter Into an Encroachment
Agreement with the Property Owners at 2274 Wolf Ridge Avenue
WHEREAS, the City has received a request by the property owners at 2274 Wolf
Ridge Avenue to encroach into the drainage and utility easement on the southern
portion of their property, an easement containing a public drainage swale; and
WHEREAS, the City of Shakopee has determined that the proposed
encroachments will not adversely affect access for maintenance or alter drainage
patterns; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA:
1. Based on the recommendation of City of Shakopee staff, the
authorization is hereby approved to authorize the appropriate City
officials to enter into an encroachment agreement.
2. Approval of the authorization shall become effective upon its adoption.
3. A copy of this decision shall be mailed to all interested parties.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of 1 2010.
Mayor of the City of Shakopee
ATTEST:
City Clerk
ENGR /2010 -PROJ EUS /2001- COUNCI L /ENCROACH MENT- WOLF -RI DGE- RES7013