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AGENDA ITEM <br />Prepared By: LLO Reviewed By: ND Approved By: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. The property owner is requesting an encroachment agreement to address an existing <br />building located in a right-of-way. <br /> <br />2. Background/ Summary. The property owner has an existing building that bisects the property line. <br />A portion of the existing structure is located in a right-of-way. The owner stated their intent is to obtain <br />building permits for maintenance of the building (re-siding, reroofing, etc.). Because the building is not <br />located fully within the subject property, the City cannot issue building permits for maintenance. No plans <br />or permit applications have been submitted to the city at this time. <br /> <br />3. Analysis. Granting the encroachment agreement will allow the proper permits to be issued for the <br />existing structure. The City Engineer has reviewed the request and noted the current right-of-way is <br />being used for utility infrastructure. The current right-of-way has storm sewer and sanitary sewer <br />infrastructure throughout. The current building does not appear to be in conflict with the existing utility <br />infrastructure. The following is a summary of the conditions listed in the proposed Encroachment <br />Agreement for the Council to consider: <br /> <br />• Plans for maintenance of the building must be approved by the City, prior to beginning the work. <br />• The maintenance of the building will not exceed the current 253 square feet of encroachment in the <br />Easement Areas. <br />• The building and other existing improvements located on the Subject Property must not impact or <br />increase water drainage on the abutting properties or cause any adverse drainage patterns or <br />erosion to the abutting properties. <br />• Owners are fully responsible and liable for any and all damage caused to the building or other <br />existing improvements, or damage resulting from the modification or maintenance of the building <br />within the Easement Areas. <br />• Owners will be responsible for the building and other improvements. <br />• The City shall have no responsibility to maintain or repair the building and other existing <br />improvements located on the Subject Property or encroaching into the Easement Areas. <br /> <br />4. Staff Recommendation. Staff recommends approval. <br /> <br />COUNCIL ACTION REQUESTED <br />Move to adopt Encroachment Agreement attached as Exhibit A. <br /> <br />Exhibits <br />A. Proposed Encroachment Agreement <br />B. Existing Survey <br />Item No.: 11 Date: March 13, 2023 <br />Item Description: 4075 Highwood Road, Rick Schideman, Encroachment Agreement <br />Presenter: Laura Oakden <br />Community Development Director <br />Agenda <br />Section: <br />Consent Agenda