Agenda - Council - 04/14/2015 - Laserfiche WebLink

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Councilmember introduced the following resolution and moved for its adoption: RESOLUTION #15-04-097 A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT FOR AN EXISTING DECK AND SEPTIC SYSTEM WITHIN A DRAINAGE AND UTILITY EASEMENT AND DECLARING TERMS OF SAME. WHEREAS, Michael L. Swanson and Diana J. Swanson (the "Landowner") are the fee owners of the real property located at 8077 155th Lane NW, Ramsey, Minnesota and legally described as follows: Lot 2, Block 2, The North Forty 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota. ("Property"); and WHEREAS, the City of Ramsey (the "City"), currently has Drainage and Utility Easements ("Easements") over, under and across a portion of the Property, as dedicated to the public pursuant to the Plat known as "The North Forty 3rd Addition" recorded in the Office of the County Recorder, Anoka County, Minnesota; and WHEREAS, Landowner seeks permission from the City to encroach upon the Easements by using and maintaining an existing septic system and deck (dimensions of upper deck are sixteen feet by twenty-five feet [ 16' x 25'] and dimensions of lower deck are eight feet by nineteen feet [8' x 19'], including the stairway). The upper and lower decks (the "Deck") are located approximately 110 feet from the most North line of the Property, sixty-seven (67) feet from the most West line of the Property and 285 feet from the East most line of the Property, all as shown on Exhibit "A" and the septic system (the "Septic System") is located on the Property as shown on Exhibit "B"; and WHEREAS, the City issued permits for both the Deck and the Septic System in 1991 and 1998 respectively. NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: 1. The City hereby approves an encroachment on and over the Easements by Landowner for the purposes of using the existing Deck and Septic System over that part of the Easements as shown in Exhibits "A" and "B" subject to the terms of this Agreement. Landowner shall not expand the Deck in width, depth, or height unless approved in writing by the City. If the Deck is demolished or destroyed, any replacement deck shall not encroach upon the Easements without written consent of the City. If the Septic System fails or is otherwise replaced, the replacement system shall not encroach upon the Easements without written consent of the City. 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights under the Easements.