HomeMy WebLinkAbout6.i. Agreement to Permit Fence in Utiltiy Easementr
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE May 7, 1991
AGENDA ITEM:
Agreement to Permit Fence in
AGENDA SECTION:
Utility Easement
New Business
PREPARED BY:
Ron Wasmund
AGENDA AT.
# 61r
Public
Public Works
Director/Building Official
ATTACHMENTS:
Letter of Request, Map
APP VE 8
Sample Agreement
a
I am in receipt of a letter of request from Mr. Mark Parenteau, owner of
Lot 11, Block 6, Rahn's 7th Addition, to remove the existing trail and
vacate the easement along the east side of his property.
This trail is located in the dedicated easement that aligns with Canada
Avenue.
Since the construction of trails along County Road 42no crossing of
County Road 42 is permitted at Canada Avenue. The short section of subject
trail which connects Lower '150th Street West to the trail along County Road
42 could be removed. Pedestrian and bicycle traffic can readily be
rerouted to other connecting links We cannot however vacate the easement
or any portion of it since we have storm sewer, watermain and sanitary
sewer which all lie within the existing 60' wide easement.
The question then remains about allowing a property owner ;to construct a
fence within an easement with active utilities in it. We have routinely
allowed fences in drainage easements. Staff feels that even though the
property owner has verbally committed to the responsibility of removing and
replacing the fence at his expense if work needs to be done, it would be
better if a written agreement is recorded on the title of subject property.'
I have attached a sample agreement, which must be reviewed by City
Attorney, prior to execution. This is an example of what the agreement
should contain.
I will be happy to answer any questions you might have.
2
ro: Ron Wasmund
Building Official
City of Rosemount
2875 145 St W
Rosemount Mn
From:
Mark Parenteau
3260 Lower 150th St W
Rosemount Mn, 55068
1i23- s 54P0
April 2, 1991
Ron,
I am requesting the removal of trail and partial vacation of the easement
on the east side of my property on Lot 11 Block 6 of Rahn's 7th Addition.
A partial vacation of the easement should allow me to build a fence on or
close to the lot line of the east side of my property.
Sincerely,
171 � palm -
Mark Parenteau
j — _ — _
I I THE NOPIN LINE OF LOT 13
AUOITORS SUBDIVISION NO 2'
I I
J /
!6J
1 1
1066 61-- - N88O4234"E
- .I
- 65- - 85 _. rt - _ 8:,--.- BS - - - 65- -I- -85- - - IOG-i5 THE SOUTH LINE OF THE NORTH 696 21 F'
C - `�.°mop. dtNd�12 E°s•r.•m
•5: -
i -`24-- NBF°4•
°I ° -^r h' ✓ RI ! o� j o� 445 :074
33=> 3315
h� ''33oS '
' -I - x3345 1 43285 -� °3375 � +/'/7'.z5- .155
�� I i
I I i
i I I
85 e5 I e5 85 85 e5 100 i 60
NOS -4224 E
.. IOC 60 IOC E5 j 5 I E5 ICC'�.�-.RK
I I
p wi NI �I Nf
`3300
r'14B?S W °319'6 n1 3°3=60 I s Or
I 3370 _ 14625 z 2T0 See°2308,4
� 1 ! i ILLS X35 135 `, SC°o8'I
i I I ,,Moir. p. a Uway Ea.—t, � I 10--. �• � a23C
100---1 z (-Z' toC- _ BS �.--,-_a$--- LL)e5- -L'IOC -'� ` •:a�{� t•-10 x00 C
---150-- F-X--� _ _i_ 1588°230'6 w.: -- - -i F� I� m !! mwi I I °yep '
Q I I I I t o '1x850 I +14831 pIG'p
489
0 '
+'3305 i +3245 <I +33 Fa -I +3175 I f/Y775 id !' I I :14875215C
�6e°355; E _ ! i � � 1 I `111B7G _ :H:6T23 �A237� 60
kT ` 100-i35 y .�.. 13S E,1
tiro
C
iL ,i ° 1=`fir v^r - ° oolm IC
m L.1
`14901 `SBB°2308-w o; iW.900�_•i:;.� '14401 ! U
toot --Bs BS 85 100 I "I 135: I 135 I
i
!ll,
Yee°z5 sz E
MI ! nl
71 °1u4�: � '144:.5 •?�
' J °3300 i `3390 13360 i 03:70 i o °3260 I C •m
--- .O•omq•6uldnl Ee.. m.n+a -
.ISO .V� _ ,� roc - 8` •- - eS - e•. 1 ` roc I <
-_� +149SD
LLJ
•-� m i 1 (�- I o_ I V 1
SBE`02306 w I� o a33DS
-lc n
I' -1 h C: °1to O
'333e bl 5-ee ii +,.S x3326 x327,; °luo7$_ I I •45 of e �C••6B° m (�
(-.`3 I IM975 2322_60-t
6C
2C*; .34
��° a46c e51 _ e5 1 t00 C f 60
-see^z=oe'w' A !_OW=� 15TH �____
�J
9�2 1 588°23O6.N a'S\E•,^�
!! 'v C:?K2t5 Pa 63.01 e5 I BS j BS ! 13: C7777
I_� 130 ! 85 R.9 ,, �6•aZ°F
=15001 3k2sry
1^
13310 a +3300 wm .T90 �3"26G i 0 +(, X3240 - X30 13120 I v,
1ny se °.nl J :w
225..^2- / _ n
SOSIZ! CE
RAHN'S 7TH ADDITION outlot Area
60' x 150' = 9000 sq ft
outlot has watermain , sanitary & storm sewer easements
ENCROACHMENT AGREEMENT
Between
MARK PARENTEAU
and
CITY OF ROSEMOUNT
This agreement between Mark Parenteau hereinafter known as "petitioner"
and the City of Rosemount hereinafter known as "the City" shall provide for and
allow petitioners fence to be located in the legally described easement along
the east line of his property.
By execution of this agreement by signatures provided by each party it is
mutually agreed that:
1) The City will remove bituminous surfaced trail and granular base
located in said easement.
2) Petitioner will restore grass cover replacing surfaced trail.
3) Petitioner will be allowed to construct his fence within the legally
described easement.
4) Petitioner assumes all responsibility for costs necessary to remove
and replace said fence should it become necessary to perform work
requiring removal of fence within said easement.
5) Petitioner agrees to allow the City to travel, walk, or otherwise
enter described easement via gates in said fence without prior notice
as necessity arises.
6) Petitioner agrees that no other structure, pertinence, or obstruction
may be placed in described easement.
Petitioner
Subscribed and sworn this day of May, 1991.
Notary Public
Mayor
City Clerk