CR 99-205 Approve Encroachment Permith 102 5th Ave N
CITY OF
~
November 3,1999
HOPKINS
Council Report 99-205
Approve Encroachment Permit
102 Fifth Avenue North
Proposed Action.
Staff recommends adoption ofthe following motion: Move that Council approve an
encroachment permit as it pertains to certain landscaping features encroaching upon public right-
of-way at 102 Fifth Avenue North.
Overview.
The owners of property at 102 Fifth Avenue North have proposed rebuilding an existing
retaining wall on their property and adjacent to 1st Street North. Apparently the existing wall
and its replacement encroach upon street right-of-way. A permit to reconstruct the wall has been
granted subject to an agreement that addresses the encroachment issue. Attached is the permit
that staff is requesting Council to approve.
Primary Issues to Consider.
. Nature of encroachment
A field investigation by the owners and the City was conducted using existing property
irons for the basis of measurement. It is apparent that a block retaining wall encroaches
upon public right-of-way along 1st Street North by almost 3 feet. The owners wish to
replace the wall and a provisional permit was granted allowing reconstruction but also
relocating it approximately 1 foot north of its present location.
. Need for permit
Although the level of encroachment is minimal, staff is seeking a permit or license to
address issues that might arise in the future. The permit assures the City that the current
and future owners of the private property in question will properly maintain the wall,
indemnify the City for losses and liabilities, and remove the encroachment should it ever
be abandoned.
. Staff recommendation
Staff recommends approval of the permit and requests Council to authorize the mayor
and city clerk to execute the agreement.
Supporting Information.
. Encroachment permit
~~
James Gessele
Engineering Superintendent
(Reserved for recording data)
ENCROACHMENT PERMIT
THIS AGREEMENT (the "Agreement") is made as of this _ day of
1999, by and between CITY OF HOPKINS, a municipal corporation, 1010 First Street South,
Hopkins, MN 55343 (the "City") and RA VI and JENNIFER LEE GOGIA, husband and wife and
fee owners of property at 102 5th Avenue North, Hopkins, MN 55343 ("Owners").
RECITALS
A. Owners hold fee title to the premises legally described on the attached Exhibit A
(the "Premises").
B. It appears from field investigations done by the City and Owners that a block
retaining wall located on the south line of the Premises along 1st Street North may
encroach on City right-of-way and said encroachment shall hereinafter be referred
to as the "Encroachment" and is depicted on the attached Exhibit B.
C. The City has the authority to remove or permit encroachments within its rights-of-
way.
D. Owners desire to obtain licensure from the City to allow retention of the
Encroachments.
NOW, THEREFORE, in consideration of the foregoing recitals and agreements herein,
City and Owners agree as follows:
1. Incorporation of Recitals. Recitals A through D are incorporated herein and made a
part of this Agreement.
2. License and Encroachment. Subject to the terms of this Agreement, the City
hereby grants a license, nonexclusive in nature, to Owners to retain, repair and maintain the
Encroachments.
3. No Property Interest. This Agreement is not intended to grant to Owners any
property interest in the aforementioned public rights-of-way and is subject and subordinate to the
prior, superior and continuing right of the City to use said public rights-of-way as a walkway or
for any public use and for the purpose of installing, maintaining or repairing existing or future
utility improvements or for any other municipal purposes.
4. Maintenance. Owners agree to keep and maintain the Encroachments in good and
safe and presentable condition.
5. Removal or Abandonment. If the Encroachments, or any portions thereof, are no
longer maintained or used by Owners for any reason whatsoever, Owners shall promptly remove
the Encroachments and restore the public right-of-way at its expense.
6. Damage. The City assumes no responsibility for the Encroachments, and Owners
shall hold the City harmless from any losses or damages caused by or to the Encroachments or
sustained by Owners by reason of the City's snow removal, street maintenance or utility repairs
or installation. Any such occurrences shall be the sole responsibility of Owners to repair,
replace, remove or restore should such damage or disrepair occur.
7. Indemnification. Owners agree to indemnify, defend and hold the City, including
its officials, employees, agents and representatives, harmless from and against all claims,
demands, losses, damages and liabilities, including reasonable attorneys' fees, incurred in
connection with the Encroachments arising directly or indirectly out of the installation,
maintenance, repair or removal of the Encroachments.
8. Inurement. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their respective successors, representatives and assigns.
2
IN WITNESS WHEREOF, the parties have executed this Agreement on the day first
above written.
CITY OF HOPKINS
OWNERS
By:
By:
Charles D. Redepenning
Its: Mayor
Ravi Gogia
By:
By:
Terry Obermaier
Its: City Clerk
Jennifer Lee Gogia
3
STATE OF MINNESOTA
)
)ss.
)
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this _ day of
, 1999, by Charles D. Redepenning, the Mayor, and Terry Obermaier, the
City Clerk of the City of Hopkins, a municipal corporation under the laws of the State of
Minnesota.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _ day of
, 1999, by Ravi Gogia and Jennifer Lee Gogia, husband and wife, Owners.
Notary Public
This document was drafted by:
Engineering Department
City of Hopkins
1010 First Street South
Hopkins, Minn. 55343
4
EXHIBIT A
Legal Description
That part of Lot 6, Auditor's Subdivision Number 242, Hennepin County, Minnesota described
as follows:
Commencing at the northwest comer of said Lot 6, thence southerly along the westerly line
of said Lot 6 a distance of 80.59 feet to the point of beginning; thence southerly along said
westerly line of said Lot 6 to the northerly right-of-way line of First Street North in the
City of Hopkins; thence easterly along the said northerly right-of-way line of said street to
the easterly line of said Lot 6; thence northerly along the easterly line of said Lot 6 to a
point on said easterly line 83.00 feet south of the northeast comer of said Lot 6; thence
westerly to the point of beginning.
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