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.
Encroachments
The encroachment at 1328 Ridge Court consists of a structural retaining wall that was constructed by the property owner and encroaches on the city's drainage and utility easement adjacent to a managed storm water detention/treatment pond. This property exists as a single family home which was platted in 2012; the home was constructed in approximately 2013. The encroachment is categorized as a minor encroachment that does not limit the use or cause negative impacts within the easement. The agreement is necessary to document the encroachment should the city require the temporary or permanent removal of the wall and landscaping in the future, understanding that the removal and replacement costs would be borne by the property owner.
The encroachments at 1662 and 1668 Ridge Court consist of a structural retaining wall and steps that were jointly constructed by the property owners and encroach on the city's drainage and utility easement in the area on the common property line between the parcels. These properties exist as single family homes which were platted in 2005; the homes were constructed in approximately 2012-13. It 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 encroachment should the city require the temporary or permanent removal of the wall and landscaping in the future, understanding that the removal and replacement costs would be borne by the property owners.