Loading...
HomeMy WebLinkAbout6.m. Request by Lennar for Easement Encroachment Agreement to Construct a Monument Sign withing a Drainage and Utility Easement EXECUTIVE SUMMARY City Council Meeting: August 5, 2019 AGENDA ITEM: Request by Lennar for Easement Encroachment Agreement to Construct a Monument Sign Within a Drainage and Utility Easement AGENDA SECTION: Consent PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.m. ATTACHMENTS: Encroachment Agreement, Site Location, Encroachment Exhibit, Sign Elevation APPROVED BY: LJM RECOMMENDED ACTION: Motion to Approve the Encroachment Agreement and Authorize the Mayor and City Clerk to enter into the Agreement. BACKGROUND The City Council approved a Preliminary Plat and Planned Unit Development agreement for the Meadow Ridge subdivision at its meeting on March 20, 2018. The final plats for the first and second phases were subsequently approved by the Council later in 2018. The City recently received a sign permit application from Lennar for a subdivision monument sing to be constructed in the southwest quadrant of the intersection of 127th Street West and Akron Avenue. The location of the proposed sign is within a drainage and utility easement which encompasses a stormwater retention pond. The plans for the sign indicate a retaining wall will be installed to level the site for sign installation. Because structures, including retaining walls and signs, are not permitted within a drainage and utility easement, an encroachment agreement is necessary for approval of the proposed sign. The sign meets the dimensional requirements of the City Code, and following the approval of this encroachment agreement may be approved administratively by staff. RECOMMENDATION The sign plans have been reviewed by the City Engineer, and the City Attorney has reviewed the encroachment agreement. Staff is recommending approval of the encroachment agreement necessary to allow the construction of a subdivision monument sign for the Meadow Ridge Subdivision. {00190959 3} 1 ENCROACHMENT AGREEMENT This Encroachment Agreement (“Agreement”) is made as of the ____ day of ____________ 2019, by and among the City of Rosemount (“City”), U.S. Home Corporation, a Delaware corporation (“Landowner”), and Meadow Ridge Homeowners Association, a Minnesota nonprofit corporation (“HOA”). RECITALS A. HOA is the homeowners association responsible for the maintenance and upkeep of common elements serving the residential development known as Meadow Ridge (the “Community”) located in Rosemount, Dakota County, Minnesota. B. Landowner is the owner of Lot 1, Block 2, Meadow Ridge 1st Addition, according to the recorded plat thereof, Dakota County, Minnesota (the “Property”), within the Community. C. A monument sign, 4 foot retaining wall and related landscaping (collectively, the “Encroachment”), has been or will be constructed on the Property within the area depicted on Exhibit A, attached hereto and incorporated herein (the “Encroachment Area”), which does or will encroach into the platted drainage and utility easement on the Property. D. The parties desire to enter into this Agreement to clarify the parties’ rights and obligations with respect to the Encroachment. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and correct and incorporated herein by reference. 2. Encroachment. The parties agree that the Encroachment, as depicted on Exhibit A, is permitted to be constructed and thereafter remain as so constructed within the Encroachment Area for so long as needed for the Community, subject to the requirements and obligations of this Agreement. 3. Ownership; Maintenance. The HOA, as sole owner of the Encroachment, shall maintain, repair and replace the Encroachment at the HOA’s cost and expense. The City hereby grants the HOA, its contractors, agents, representatives, heirs and assigns a permanent non-exclusive easement {00190959 3} 2 right at all reasonable times to enter upon the Encroachment Area to maintain, repair and replace the Encroachment. 4. Indemnification. The HOA shall defend, indemnify and hold harmless the City from and against any and all claims, losses, costs, damages, liens and liabilities, including reasonable attorneys’ fees (collectively “Claims”) arising from or related to the HOA’s use or occupancy of the Encroachment Area. 5. Modification. In the event that the City, in its reasonable discretion, determines that the Encroachment materially interferes with the City’s use of the drainage and utility easement, the City may request that the HOA, at its sole cost and expense, modify, relocate or remove the Encroachment. Should the HOA fail to modify, relocate or remove the Encroachment within 60 days after receiving notice to do so, the City may modify, relocate or remove the Encroachment and charge the costs of such modification, relocation or removal to the HOA. 6. Landowner Covenants. The Landowner, for itself, its successors and assigns, does hereby covenant with the City, its successors and assigns, that Landowner is well seized in fee of the Property and that it has the sole right to grant and convey this Agreement, and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. 7. Runs with the Land. This Agreement shall be recorded in the office of the County Recorder in and for Dakota County, Minnesota. It shall run with the land and shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and assigns. 8. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota and may only be terminated, modified or amended with the written consent of both parties. Any termination, modification or amendment shall be recorded in the Dakota County land records within 30 days of the effective date of such termination, modification or amendment. This Agreement may be executed in several counterparts, each of which when executed is considered an original, but all of which together shall constitute one instrument. Should any party commence an action against another to enforce any obligation under this Agreement, the prevailing party shall be entitled to recover its costs and attorneys’ fees from the other. [The remainder of the page is intentionally left blank.] {00190959 3} 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF ROSEMOUNT By: William Droste, Mayor By: Erin Fasbender, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2019, by William Droste and Erin Fasbender, the Mayor and City Clerk, respectively, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public {00190959 3} 4 LANDOWNER U.S. Home Corporation, a Delaware corporation By:_____________________________ Name: Jonathan A. Aune Its: Vice President – MN Land Division STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2019, by Jonathan A. Aune, the Vice President – MN Land Division of U.S. Home Corporation, a Delaware corporation, on behalf of said corporation. ____________________________ Notary Public {00190959 3} 5 HOA Meadow Ridge Homeowners Association, a Minnesota nonprofit corporation By:_____________________________ Name: Carole Toohey Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2019, by Carole Toohey, as President of Meadow Ridge Homeowners Association, on behalf of the association. ____________________________ Notary Public This document was drafted by: Vantage Law Group, PLLC 125 SE Main Street, Suite 250 Minneapolis, MN 55414 {00190959 3} 6 EXHIBIT A DESCRIPTION AND DEPICTION OF ENCROACHMENT AND ENCROACHMENT AREA Encroachment Area An easement for landscape purposes lying over, under and across the west 30.00 feet of the east 55.00 feet of the north 20.00 feet of Lot 1, Block 2, MEADOW RIDGE 1ST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. [See attached depictions] SheetDescription Sketch for:1 of 1c 2015 Pioneer Engineering, P.A. LENNAR CORPORATION CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.comFax: 681-9488 Cad File: 117254-EASEMENT - LANDSCAPE.dwg Folder #: 8172 Drawn by:TSS Revisions:1.)c Pioneer Engineering Certificate of Survey for: 2422 Enterprise Drive Mendota Heights, MN 55120 Ph. : (651) 681-1914 www.pioneereng.comFax: (651) 681-9488 Project # :Folder #:Drawn by: CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Lennar Corporation 16305 36th Ave N Ste #600 Plymouth, MN 55446-4270 Phone: (952) 249-3000 / Fax: (952) 404-1909 00-PLAN-117254-SHEET-LAND M1MONUMENT LANDSCAPE PLAN 1 JLT JLT c OFMEADOW RIDGE ROSEMOUNT, MINNESOTA LENNAR 16305 36TH AVENUE NORTH 6-14-19Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS PLYMOUTH, MINNESOTA 55446 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 44763 Jennifer L. Thompson