Item Coversheet

*4.E.2.


Shakopee City Council
March 4, 2020


FROM:Micah Heckman, Project Engineer
TO:Mayor and Council Members
Subject:

Drainage and utility easement encroachment agreement.

Policy/Action Requested:

Approve drainage and utility encroachment agreement for 1369 Danita Drive (PID 273800470).

Recommendation:
Approval of encroachment agreement.
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 1369 Danita Drive consists of a fence. This improvement was constructed by the property owner and encroaches on the city's drainage and utility easements in the side yard of this parcel. The property exists as a single family residential lot that was platted in 2005; the structure was constructed in 2008. Shakopee Public Utilities (SPU) was consulted as a portion of the fence was installed over the top of their watermain. SPU has provided input to the city that they will allow the fence to remain in its current location. The encroachment is categorized as a minor encroachment that does not limit the use or cause negative impacts within the easement. The agreements are necessary to document the encroachments should the city require the temporary or permanent removal of the fence in the future, understanding that the removal and replacement costs would be borne by the property owner(s).

Budget Impact:

$150 fee must be paid by the property owner to pay for the recording and filing fees, per the City of Shakopee Fee Schedule. No further budget impacts.

ATTACHMENTS:
Description
1369 Danita Drive - agreement