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 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.
Encroachment
The encroachments at 1567 Hartley Boulevard South (PID 272770430) consists of retaining walls along the pond, a paver patio area and a landscaped rock water feature. These improvements were previously constructed by the property owner and encroach on the public drainage and utility easements in the rear yard of this parcel. The property exists as a single family residential lot that was platted in 1999. 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 retaining walls along the pond, paver patio area or landscaped rock water feature, understanding that the removal and replacement costs would be borne by the property owner(s).