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 3200 4th Avenue East consists of a structural retaining wall and the encroachment at 5100 Valley Industrial Boulevard South consists of a structural retaining wall and landscaping. These improvements will be constructed by the property owners and will encroach on the city's drainage and utility easements in the side yards of these parcels. The property at 3200 4th Avenue East exists as an industrial lot that was platted in 2019; the building will be constructed in 2020. The property at 5100 Valley Industrial Boulevard South exists as an industrial lot that was platted in 1989; the original building was constructed in 2004 and the expansion will be constructed in 2019. 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).