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

Home

Councilmember introduced the following resolution and moved for its adoption: RESOLUTION #15-04-098 A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT FOR A DECK TO PARTIALLY ENCROACH INTO A DRAINAGE AND UTILITY EASEMENT AND DECLARING TERMS OF SAME. WHEREAS, Mark E. and Debra L. Lacross (the "Landowner") are the fee owners of the real property located at 16901 Kamacite St. NW, Ramsey, Minnesota and legally described as follows: Lot 6, Block 2, Brookfield 4th 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 `Brookfield 4th Addition" recorded in the Office of the County Recorder, Anoka County, Minnesota; and WHEREAS, Landowner seeks permission from the City to partially encroach upon the Easements by constructing a fourteen foot by sixteen foot (14' x 16') deck (the "Deck") off the rear wall of the home. The Deck would be located approximately 100 feet from the most East line of the Property, twenty (20) feet from the most South line of the Property and forty-one (41) feet from the North most line of the Property, all as shown on Exhibit "A". 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 constructing a cantilevered Deck over that part of the Easements as shown in Exhibit "A" subject to the terms of this Agreement. The Deck footings cannot be within the Easements. 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights under the Easements. 3. The Landowner shall be responsible for all costs relating to use, maintenance and repair of the Deck. 4. Landowner agrees that if the City, during its normal construction, reconstruction, maintenance and/or repair of the public utilities of the City located within the Easements including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, deems it necessary and expedient to excavate within the Easements, Landowner shall be responsible for