HomeMy WebLinkAboutCouncil Packet Encroach AgrmtDate: April 22, 2024 Item: 4
Presenter: Melanie Curtis, Planner
Section: Consent Agenda
Title: 975 Long Bridge Lane, Paul and Andrea Scott - Encroachment
Agreement & Resolution No. 7472
1.Purpose:
The purpose for this item is to adopt Resolution No. 7472 and authorize the Encroachment
Agreement.
2.Background:
At the April 8th meeting, the Council considered a request for an encroachment agreement to
permit landscaping and septic system improvements to remain within easement areas on the newly
developed property.
A brief summary of the request was presented by Planning Staff and Hans Frees (Outdoor
Excapes), the landscape contractor. Following a discussion Council voted 5 to 0 to direct staff to
prepare two documents:
1. An Encroachment Agreement to address the septic system improvements constructed in the
buffer and easement area; and
2. A Resolution resolution clarifying the partial approval and denial of the encroachment
request for the landscape retaining wall in the easement area.
The Draft Minutes from the April 8th Council meeting detail the discussion and direction.
3.Staff Recommendation:
Based on the direction at the April 8th meeting, Staff has prepared a resolution to detail the
encroachment agreement and also reflect the denial of encroachment for the landscaping
bed/retaining wall.
Staff recommends Council adopt Resolution No. 7472 and the Encroachment Agreement (attached
as Resolution Exhibit B) to allow the septic system infrastructure to remain in its current location.
AGENDA ITEM
COUNCIL ACTION REQUESTED
Council should Adopt Resolution No. 7472 and authorize the Mayor and City Administrator to sign the
Encroachment Agreement addressing to the septic system infrastructure within the wetland buffer and
easement area.
Exhibits
Exhibit A - Resol. No. 7472 & Encroachment Agreement
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7472
1
A RESOLUTION
AUTHORIZING AN ENCROACHMENT AGREEMENT
TO SUPPORT SEPTIC SYSTEM IMPROVEMENTS WITHIN A WETLAND
BUFFER, CONSERVATION AND DRAINAGE EASEMENT
AND
DENYING A REQUEST FOR AN ENCROACHMENT AGREEMENT
FOR LANDSCAPING IMPROVEMENTS WITHIN A DRAINAGE EASEMENT
WHEREAS, the City of Orono, (the “City”) has jurisdiction over the dedicated
easements within the plat of Long Bridge in Orono (the “Plat”).
WHEREAS, Paul Scott and Andrea Scott, a married couple (hereinafter the
“Owners”) are the owners of the property addressed 975 Long Bridge Lane and legally
described as Lot 3, Block 1, Long Bridge, Hennepin County, Minnesota (hereinafter the
“Property”), and
WHEREAS, within the Plat, there are existing public stormwater drainage ways,
utility easements, wetland buffers, and conservation easements that serve a public purpose;
and
WHEREAS, during the home construction project on the Property, portions of the
septic system including septic tanks (the “Septic Improvements”) were placed within the
dedicated drainage and utility easement area on the plat of Long Bridge (hereinafter the
“Easement”); and
WHEREAS, additionally, during the home construction project, a portion of a
landscape retaining wall (the “Wall”) was placed within the Easement; and
WHEREAS, during the final phase of the construction project the Septic
Improvements and Wall were discovered by City Staff. The Owners were notified of the
encroachments and were directed to remove the encroachments; and
WHEREAS, the Owners have filed a petition to request encroachment
agreements to address the improvements within the Easement; and
WHEREAS, on April 8, 2024, the City Council reviewed the Owners’ request and
directed staff regarding the Septic Improvements and the Wall individually, and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7472
2
WHEREAS, finding removal of the Septic Improvements would cause more
damage and disturbance to the established wetland buffer, the Council directed staff to draft an
Encroachment Agreement to allow the Septic Improvements to remain in the Easement; and
WHEREAS, the Council denied the Owners’ request to allow the Wall to remain
in the Easement Areas and directed the Owners to remove the Wall or to obtain a permit to
relocate the Wall to a conforming location on the Property; and
WHEREAS, on April 22, 2024, the Council authorized the Mayor and City
Administrator to sign the Encroachment Agreement addressing the Septic Improvements
allowing the same to remain within the Easement; and
NOW, THEREFORE, the City Council of the City of Orono, Minnesota, makes
the following findings:
FINDINGS
1. The Septic Improvements within the Easement were installed as part of an approved
Septic System permit.
2. The Wall was constructed without the required zoning permit thus circumventing the site
plan review process which would have identified the conflict with the Easement.
3. The Encroachment Agreement does not affect access to, the use, or effectiveness of the
wetland buffer within the Easement.
4. For the foregoing reasons, it is in the public interest to allow the Septic Improvements to
remain within the Easement described and depicted in the Encroachment Agreement.
DECISION and CONDITIONS
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Orono,
Minnesota as follows:
1. The Septic improvements are depicted in the Easement on Exhibit A.
2. The encroachment shall not affect the authority of any person, corporation, or
municipality owning or controlling the electric or telephone poles and lines, gas lines,
sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage
areas thereon or thereunder, to continue to maintain the same or to enter upon such way
or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend
thereof.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7472
3
3. Before the issuance of the final Certificate of Occupancy for the new home (Permit
#RPS22-000095), the Owners will sign the Encroachment Agreement attached as
Exhibit B, and the Wall within the Easement shall be removed or relocated to a
conforming location on the Property within 60 days of this Resolution.
4. If it is necessary to replace the septic system or septic tank(s) in the future, the Septic
Improvements within the Easement shall be relocated to a conforming area of the
Property outside of the Easement.
5. The City Clerk is hereby directed to file a certified copy of this Resolution with the
County Auditor and the County Recorder/Registrar of Titles following the terms of this
Resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ORONO this 22nd of April 2024.
Dennis Walsh, Mayor
ATTEST:
Christine Lusian, City Clerk
Septic Tank within the D & U Easement Permitted by an Encroachment Agreement with the City. Stone retaining wall is partially located within the Drainage & Utility Easement. To be removed/relocated.
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(reserved for recording information)
ENCROACHMENT AGREEMENT
AGREEMENT made this _______ day of _____________, 2024, by and between the
CITY OF ORONO, a Minnesota municipal corporation (“City”), and ANDREA K. SCOTT and
PAUL D. SCOTT, married to each other (“Owners”).
1.BACKGROUND. Owners are the fee owners of certain real property located in
the City of Orono, County of Hennepin, State of Minnesota, legally described as follows:
Parcel ID No. 26-118-23-34-0012
Lot 3, Block 1, Long Bridge
(Torrens - COT 1544807)
with a street address of 975 Long Bridge Lane, Orono, Minnesota 55356 (“Subject Property”). The
City owns easements for drainage and utility purposes over portions of the Subject Property
(“Easement Areas”). Septic tanks were previously constructed and installed on the Subject
Property and the Owners desire to keep the septic tanks located on the Subject Property which
encroaches on the City’s Easement Areas as depicted on the sketch attached hereto as Exhibit “A”.
2.ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its Easement Areas on the Subject Property for the septic tanks subject to the DRAFT
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conditions set forth in this Agreement. Further conditions of encroachment approval are as
follows:
•The City shall have no responsibility to maintain or repair the septic tanks located within
the Easement Areas.
•The Owners, their heirs, successors and assigns, are fully responsible and liable for any
and all damage caused to the septic tanks within the Easement Areas.
•Owners will be responsible for repair, replacement and maintenance of the septic tanks.
Further, Owners agree that the septic tanks was constructed consistent with all applicable
federal, state and local laws and regulations.
3.HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the Easement Areas, the Owners, for themselves, their heirs and assigns, hereby agree
to indemnify and hold the City harmless from any damage caused to the Subject Property, including
the septic tanks located in the Easement Areas, caused in whole or in part by the encroachment
into the Easement Areas.
4.TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this agreement at any time if the City needs to occupy the Easement Areas by giving the
then owner of the Subject Property thirty (30) day advance written notice. The owner of the Subject
Property may be required to remove the septic tanks if it is deemed necessary by the City in order
to exercise the purpose of the Easement Areas. If the owner fails to do so, the City may remove the
septic tanks and charge the cost of removal back to the owner for reimbursement. No notice under
this paragraph shall be required in the event of an emergency condition determined solely by the
City and the Agreement may then be terminated immediately.
5.RECORDING. This Agreement shall run with the land and shall be recorded against
the title to the Subject Property.
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Signature pages follow.] DRAFT
230717v1
CITY OF ORONO
By ___________________________________
(SEAL) Dennis Walsh, Mayor
And __________________________________
Adam T. Edwards, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______ day of
__________________, 2024, by Dennis Walsh and by Adam T. Edwards, respectively the
Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
____________________________________
Notary Public DRAFT
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PROPERTY OWNERS:
Andrea K. Scott
Paul D. Scott
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ______ day of
__________________, 2024, by Andrea K. Scott and Paul D. Scott, married to each other.
____________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/mkl DRAFT
Septic Tank within the D & U Easement Permitted by an Encroachment Agreement with the City. Stone retaining wall is partially located within the Drainage & Utility Easement. To be removed/relocated.DRAFT
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