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 encroachment at 5300 12th Avenue East (PID 275200010) consists of two private monument signs (improvements). The improvements will be constructed by the property owner and will encroach on the drainage and utility easement at the east and west driveways from 12th Avenue East into this parcel. The property exists as a business park zoned lot that was platted in 2022. 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 monument sign(s), understanding that the removal and replacement costs would be borne by the property owner(s).