Drainage and utility easement encroachment agreements.

Approve drainage and utility encroachment agreements for 1603 Friesian Street (PID 273901360) and for 2002 Pheasant Run Street (PID 272740210).

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 review of proposed encroachment and determination that there are no expected detrimental effects, it has been the city's practice to allow the continuance of the such 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 1603 Friesian Street consists of a fence. This improvement will be constructed by the property owner and will encroach on the public drainage and utility easements in the rear and side yards of this parcel. The property exists as a single family residential lot that was platted in 2005; the fence is proposed to be constructed in 2021. 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 fence in the future, understanding that the removal and replacement costs would be borne by the property owner(s).

The encroachment at 2002 Pheasant Run Street consists of a fence. This improvement will be constructed by the property owner and will encroach on the public drainage and utility easements in the rear and side yards of this parcel. The property exists as a single family residential lot that was platted in 1999; the fence is proposed to be constructed in 2021. 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 fence in the future, understanding that the removal and replacement costs would be borne by the property owner(s).

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