HomeMy WebLinkAbout[08b] Easement encroachment Council Agenda Item 8(b)
MEETING DATE: August 17, 2015
AGENDA ITEM: Encroachment Agreement
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: The City has been approached by the property owner at 230 18"'
Ave SE regarding an easement encroachment. The property is owner is selling their home and it was
noticed that the garage encroaches the storm sewer easement between 6 and 8 inches. The easement
contains a 21" concrete storm sewer so we cannot release the easement. They have requested the city
execute an agreement that allows them to keep the garage and maintain it. It is understood that if more
than 50%is damage or destroyed they cannot rebuild over the easement.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
Easement Encroachment
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the easement
encroachment agreement as presented.
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ENCROACHMENT AGREEMENT
THIS AGREEMENT made and entered this day of , 20157 by
and between Dustin L. Henkelman and Michelle L. Ludvigson, as joint tenants,
hereinafter "Owner" and the City of St. Joseph, a municipal corporation under the laws
of Minnesota, hereinafter "City".
WHEREAS, Owner is the owner of the following described property:
Lot 7, Block 3, LIBERTY POINTE, according to the plat thereof on file and
of record in the Office of the Stearns County Recorder
(the "Property").
WHEREAS, Owner has installed a garage on the Property which encroaches
upon the public easement; and
WHEREAS, Owner has requested permission after the fact to encroach upon
said public easement; and
WHEREAS, the Owner has agreed to execute an encroachment agreement as
required by the City to maintain an encroachment within a public easement.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties
hereto as follows-
1.
ollows:1. Owner shall be permitted to continue the encroachment of the garage upon
the public easement and may repair and maintain the same except as
provided herein. In the event that the garage is destroyed by 50% or more of
its assessed value, then the garage must be reconstructed outside of the
easement area and in compliance with all other applicable setbacks.
2. It is understood and agreed that Owner will be responsible for the repair or
replacement of any public property which may be damaged or destroyed as a
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direct or indirect result of any repair or maintenance of the encroaching
garage.
3. Owner agrees that the City shall not be liable under any circumstances for
damage to or repair of the encroaching garage.
4. In the event that the encroachment causes the City to incur any additional
costs in the utilization of its easement, Owner agrees to reimburse the City for
any such costs.
5. This agreement shall run with the land and be binding upon the successors
and assigns of the parties.
6. It is understood and agreed by and between the parties that this agreement
and permission to encroach is given subject to any limitation on the authority
of the City to grant such permission which may now or hereafter exist.
7. Owner further agrees to reimburse the City for any costs incurred by the City
in preparing and recording this agreement within thirty days of receipt of an
invoice from the City.
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year first above written.
OWNER CITY OF ST. JOSEPH
By By
Dustin L. Henkelman Rick Schultz, Its Mayor
By By
Michelle L. Ludvigson Judy Weyrens, City Administrator
STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
, 2015 by Dustin L. Henkelman and Michelle L. Ludvigson, as joint
tenants, described as Owner herein, and who executed the foregoing instrument and
acknowledged that they executed the same as their free act and deed.
Notary Public
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STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
2015 by Rick Schultz and Judy Weyrens, the Mayor and City
Administrator of the City of St. Joseph, Minnesota a Municipal Corporation under the
laws of Minnesota, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Susan M. Kadlec - 0290385
Jovanovich, Kadlec & Athmann, PA
1010 W. St. Germain, Suite 420
St. Cloud, MN 56301
Telephone: (320) 230-0203
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