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.
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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
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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.]
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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
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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
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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
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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