Item Coversheet

*4.D.1.


Shakopee City Council
October 16, 2018


FROM:Steve Lillehaug, Public Works Director/City Engineer
TO:Mayor and Council Members
Subject:

Drainage and utility easement encroachment agreements.

Policy/Action Requested:

Approve drainage and utility encroachment agreements for 1337 Meadow Lane (PID 274550120) and 1365 Meadow Lane (PID 274550190).

Recommendation:
Approval of encroachment agreements.
Discussion:

Background

City Code 90.16, Encroachment in Easement Areas, indicates that "no trees, shrubs, bushes, retaining walls, structures, hard surface areas, or other obstructions, with the exception of shallow root plantings and garden fences, shall be placed within an easement area held by the city, except if written permission has been granted by the city". Upon discovery of said encroachments and determination that there are no expected detrimental effects, it has been the city's practice to allow the continuance of the such (minor) encroachments; however, an encroachment agreement has been the instrument to provide the proper documentation by officially recording the encroachment with the county as part of the property file. 

   

Encroachment

The encroachment at 1365 Meadow Lane consists of a structural retaining wall and stone steps, and the encroachment at 1337 Meadow Lane consists of a structural retaining wall. These improvements were constructed by the property owners and encroach on the city's drainage and utility easements in the side yards of these parcels. The properties exist as single family homes that were platted in 2016; the homes were constructed in 2017. The encroachments are categorized as a minor encroachments that do not limit the use or cause negative impacts within the easements. The agreements are necessary to document the encroachments should the city require the temporary or permanent removal of the walls and landscaping in the future, understanding that the removal and replacement costs would be borne by the property owner(s).

Budget Impact:

$100 fee must be paid by each property owner to pay for the recording and filing fees. No further budget impacts.

ATTACHMENTS:
Description
1337 Meadow Ln - agreement
1365 Meadow Ln - agreement