Date: May 4, 2020
Item No.: 9.c
Department Approval City Manager Approval
Item Description: Approve 3115 Evelyn Street Encroachment Agreement
Page 1 of 1
BACKGROUND
1
The owners at 3115 Evelyn Street are looking to upgrade their property by installing a new fence and
2 a brick patio. Currently the property has an existing fence that is not under any existing
3 encroachment agreement. As shown in Attachment B, the lot is very unique in that the majority of
4 the lot, other than the house, is under a drainage and utility easement. The west portion of the
5 easement is for a City storm basin and the north segment is for a storm pipe which drains Evelyn
6 Street.
7
Since the City has access to the pipe and the storm basin from City property, staff is comfortable in
8 allowing the encroachment. There should be little need to utilize the easement unless there are
9 significant issues with the pipe. If there is a need to fully utilize the easement for any reason in the
10 future, the encroachment agreement protects the City from additional costs due to the removal of the
11 fence or the patio. The agreement does have a provision that “No buildings, grading or filling shall
12 occur within the easement area below the 924-foot contour elevation.” This elevation is the high-
13 water elevation for the pond and will protect the function of the basin.
14
Staff has worked with the property owner and has drafted an encroachment agreement with the
15 property owner for a “private facility” encroaching on the city easement.
16
POLICY OBJECTIVE
17
The agreement indemnifies the City from any damages to the property owner’s property due to the
18 regular use of the easement. It also requires the property owner to assume responsibility for the cost
19 of the brick patio and fence should the City need to work in the easement.
20
FINANCIAL IMPACTS
21
There is no public financial participation requested.
22
STAFF RECOMMENDATION
23
Staff is requesting that Council approve 3115 Evelyn Street Encroachment Agreement.
24
REQUESTED COUNCIL ACTION
25
Consider motion to approve 3115 Evelyn Street Encroachment Agreement.
26
Prepared by: Jesse Freihammer, Asst. Public Works Director/City Engineer Attachments: A: Encroachment Agreement
B: Encroachment Exhibit
ENCROACHMENT AGREEMENT
THIS AGREEMENT IS MADE this ____ day of ___________________, 2020, by and between, Jason Patrick Schumacher Samantha Megan Schumacher, husband and wife (“Owner”), and the City of Roseville, a municipal corporation (“City”);
WITNESSETH THAT:
WHEREAS, the Owner is the owner of real property located at 3115 Evelyn Street, Roseville, Minnesota, legally described as follows, to wit:
Lot 1, Block 1, CAVE’S NORTH BOUNDARY, THIRD ADDITION, Ramsey County, Minnesota (the “Owner’s Property”); and
WHEREAS, the City is the owner of a drainage and utility easement which was dedicated to the City, a portion of which easement lies within an area legally described as follows, to wit:
The West 37.84 feet and the North 34 feet of Lot 1, Block 1, CAVE’S NORTH BOUNDARY, THIRD ADDITION Ramsey County, Minnesota (the “Right of Way”); and
WHEREAS, the Owner desires to construct and maintain a brick patio and fence over and across the easement (“Improvements”) for the benefit of the Owner’s Property;
NOW THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties agree as follows:
1. The Owner shall have the right to construct, maintain and repair the Improvements, subject to the terms and conditions of this Agreement.
2. The Improvements shall be constructed, maintained and repaired by the Owner at the Owner’s sole cost and expense holding the City free and clear of same. The Owner shall maintain the Improvements in a neat, clean and safe condition. No buildings, grading or filling shall occur within the easement area below the 924 foot contour elevation.
3. The Owner shall be responsible for obtaining and paying for all permits, variances, approvals, costs, fees and other expenses necessary to construct, maintain and repair the Improvements. The Owner shall construct, maintain and repair the Improvements in compliance with all laws, rules, regulations, codes and ordinances imposed by all governmental authorities which have jurisdiction over the Right of way Area.
4. The Owner hereby covenants and agrees to release, indemnify, defend and hold the City, and its mayor, council, officers, employees and agents, harmless from and against any and all claims, losses, liabilities, demands, actions, judgments, damages, penalties, fines, costs and expenses (including attorney’s fees incurred by the City) arising out of or related to: (a) the construction, maintenance and repair of the Improvements (b) the existence of the Improvements on the right- of- way, (c) The Owner’s use of the Improvements and the right- of- way, and (d) any breach by the Owner of the covenants and agreements in this Agreement.
5. In the event that the Improvements are substantially damaged or totally destroyed, is removed from the right- of- way, or the Owners fail to comply with any of the Owner’s obligations under this Agreement, the Owners shall remove any remaining portions of the Improvements which are located within the right- of- way and the Owners right to construct, maintain and repair the right- of- way shall terminate. The Owners agree to complete such removal at their own cost and in accordance with all applicable laws, codes and regulations pertaining thereto. In the event that the Improvements is not removed the City shall have the
right, upon giving the Owner thirty (30) days prior written notice, to remove the Improvements in which case the Owner shall be responsible for the costs thereof. Any amounts due hereunder shall be fully paid within thirty (30) days following the delivery of written demand therefor upon the Owner. If payment is not received the City shall assess the Owner for the costs over a 5 year period with interest.
6. The Owners hereby waive all rights they have by virtue of Minnesota Statutes Chapter 429 to a public hearing before the City Council, any appeal of the assessment in court or otherwise to challenge the amount or validity of the assessment or the procedures used by the City in levying the assessments for the Project and hereby release the City, its mayor, councilmembers, employees, agents, and contractors, from any and all liability related to or arising out of the levying of said Assessment Amount and the Project.
7. The covenants and agreement contained herein shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns, and shall run with the land.
8. Except for the Owners right to construct, maintain and repair the Improvements as provided herein, the City shall continue to have all of the rights and privileges which have been granted to the City by the dedication of the Drainage and Utility Easement referenced above.
9. Any notice to be given by either party upon the other under this Agreement shall be properly given if mailed to the other by United States registered or certified mail, return receipt requested, postage prepaid, addressed in the manner set forth below, or c) if given to a nationally, recognized, reputable overnight courier for overnight delivery to the other addressed as follows:
If to the City: City of Roseville Roseville City Hall 2660 Civic Center Drive Roseville, MN 55113
Attn: City Manager
If to the Owner: Jason & Samantha Schumacher 3115 Evelyn Street
Roseville, MN 55113
IN WITNESS WHEREOF, the undersigned parties have signed this Agreement as of the date set forth above.
By: ______________________________
Jason P. Schumacher
By: ______________________________
Samantha M. Schumacher STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this _____ day of ________________________, 2020, by Jason P. Schumacher and Samantha M. Schumacher, husband and wife.
_____________________________
Notary Public
City: CITY OF ROSEVILLE, a municipal corporation
By: ______________________________
Mayor
By: ______________________________
City Manager
STATE OF MINNESOTA ) ) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this _____ day of ____________________, 2020, by ________________________ and ___________________the Mayor and City Manager of the City of Roseville, a municipal corporation, on behalf of said municipal corporation.
_____________________________
Notary Public
This Document Was Drafted By:
Erickson, Bell, Beckman & Quinn, P.A.
Attorneys-at-Law 1700 West Highway 36 Suite 100
Roseville, MN 55113 Telephone: 651-223-4999
Prepared by:
Engineering Department
Data Sources and Contacts:
* Ramsey County GIS Base Map (1/03/20)
* City of Roseville Engineering Department For further information regarding the contents of this map contact:
City of Roseville, Engineering Department, 2660 Civic Center Drive, Roseville MN
DISCLAIMER:
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 651-792-7075. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which
arise out of the user's access or use of data provided.
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3115 Evelyn Encroachment
April 01, 2020 mapdoc: 3115Evelyn.mxd
map: 3115Evelyn.pdf
0 10 20 30 40 Feet
3115
EV EL YN S T
COUNTY RD D
Encroachment Parcel
? Storm Sewer Pipe
? Drainage
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* Inlet/Outlet
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Pond
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) Catch Basin Manole
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