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From:Adam Edwards To:Melanie Curtis Cc:Jeremy Barnhart Subject:RE: 4156 Highwood Road - Encroachment Agreement Request Date:Thursday, April 2, 2020 3:18:48 PM Attachments:4156 Highwood Survey - annotated wrt encroachments.pdf Melanie, My comments: (For the purposes of my comment I have identified three encroachments: Encroachments A, B and C, from the Applicants' survey.) 1.As a general practice encroachments, particularly structural encroachments such as walls, into city owned property and easement are strongly discouraged. However, there are circumstances where encroachments have been approved in the past when a reasonable practical difficulty exists such as a steep slope along the access way from a road to a residence. That does not appear to be the situation here. The city does allow landscaping with in city right of way such as turf grass, annuals and perennials etc. as long as they are maintained and done at the abutting property owners risk. 2.The unimproved right of way is a lake access point for the city. It provides some drainage (unimproved) for the area and is used by some residents for winter access to the lake. 3.The document name for the survey is misleading as it is labeled exiting conditions however depicts a proposed easement vacation. 4.The existing wall, labeled Encroachment A, encroaches 12.5 feet into the 20 foot wide easement. That encroaches the right of way appears to be shifting the drainage way to the west. A.The encroachment is structural in nature and has blocked the drainage way pushing runoff to the west. B.The encroachment may deter other users of the easement. C.I do not recommend this encroachment be allowed to remain. If the council agrees to allow this encroachment to remain and encroachment agreement should be required. 5.The existing wall and flagstone pavers, labeled Encroachment B, runs generally parallel to the property line and encroaches ~2 feet at most. A.This encroachment does not appear to have a negative impact to the Lake access. B.This encroachment could remain until such time as the city improves the lake access or drainage way. If the council agrees to allow this encroachment to remain and encroachment agreement should be required. 6.The area labeled Encroachment C, runs generally parallel to the property line and encroaches ~3.5 feet. It consists of landscaping mulch and pavers. A.This encroachment is not structural and could be considered landscaping. B.It does not appear to have a negative impact to the Lake access. C.This encroachment could remain until such time as the city improves the lake access or drainage way and based on current city practices would not require an