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5. 20. <br /> CC Regular Session <br /> Meeting Date: 05/28/2024 <br /> Primary Strategic Plan Initiative: Not Applicable <br /> Information <br /> Title <br /> Adopt Resolution#24-151 Approving Encroachment Agreement for 6821 146th Cir NW <br /> Purpose/Background: <br /> At the May 14, 2024 City Council meeting, Michelle Powers addressed the City Council regarding a code <br /> enforcement case on her property pertaining to an encroachment of private improvements on city owned <br /> property. The city owned property is dedicated park land. Powers indicated the property was purchased with an <br /> existing fence in the backyard, and they believed the fence was on their property. An additional encroachment of <br /> the children's playset is also on city owned land. After discussion,the City Council supported an option of an <br /> encroachment agreement allowing the continued use of this area by the Powers'. <br /> City Attorney Knaak drafted an agreement, and it was reviewed by the property owners. A difference between <br /> the final agreement and the expressed support from Council based is the timeframe of the agreement. Attorney <br /> Knaak has stated that a perpetual encroachment agreement onto park land would be construed as a permanent <br /> conveyance and thus would present legal issues. <br /> Recommendation: <br /> Based on previous support by the City Council, staff recommends approval of the encroachment agreement for <br /> the purpose of establishing an approved encroachment per the terms within the agreement. <br /> Action: <br /> Motion to adopt resolution#24-151 approving an encroachment agreement for 6821 146th Cir NW. <br /> Attachments <br /> Res#24-151 <br /> 6821 146th Circle NW Encroachment Agreement Updated <br /> Form Review <br /> Inbox Reviewed By Date <br /> Brian Hagen Brian Hagen 05/23/2024 04:02 PM <br /> Form Started By:Brian Hagen Started On:05/23/2024 03:22 PM <br /> Final Approval Date:05/23/2024 <br />