632 McFaddens Tr - Code Violation Letter
Dougherty, Molenda, Solfest, Hills & Baue~r^~P.A.
Robert B. Bauer
DO V VHERTY MOLENllA
Direct dial: (952) 953-8847
Qxf, Attorneys Advisors E-mail! rbauer@dmshb.com
January 6, 2014
Daniel S. and Lori J. Anfinsen
632 McFadden Trail
Eagan, MN 55123-2178
Office
Re: City Code Violation 7300 west 147th Street
Suite 600
Apple Valley, MN 55124
Dear Mr. and Mrs. Anfinsen: (952) 432-3136 Phone
(9S2) 432-3780 Fax
This office serves as legal counsel to the City of Eagan. As you may have noticed, www.dmshb.com
the City has undertaken improvements to benefit the adjacent water body known as
Fitz Lake. As part of the improvements, it was necessary for the City to use its Attorneys
dedicated drainage and utility easement that was granted to the City on the plat of Michael G. Dougherty z
Lakeview Trail Addition. During the improvement project, the City placed
construction stakes within the easement area. The City discovered through its Michael E. Molenda'
surveying that portions of your home and retaining wall on the west side of your Loren M. Solfest'-~
property are within the dedicated drainage and utility easement.
Sharon K. Hills
It is the goal of the City to work with its property owners to ensure compliance with Robert B. Bauer L=
City Code and to make certain that there are no obstructions within its dedicated
Terrence A. Merritt
'
drainage and utility easements. In this instance, there appears to have been a
substantial error on the part of the contractor who constructed the home and Annette M. Margarit
retaining wall to have portions of it within the dedicated drainage and utility
Stephen A. ling
easement. Notwithstanding, the City is willing to permit the obstructions within the
easement area provided that you enter into an Encroachment Agreement in a form Ctiristnel.Casseltius
acceptable to the City Attorney. In the Encroachment Agreement, you would Brian J. Wisdorf'
acknowledge that improvements are located within a dedicated easement area and
that the City would permit the encroachments to remain subject to the terms of the Michael D. Klemm
Encroachment Agreement. The Agreement would generally provide that if the City Matthew J. Schaap
needs to undertake improvements within the easement area, it is not responsible for
any damage that may occur to your home or the retaining wall. Rya"'. Bies
William M. Topka
Please contact the City's Water Resources Manager, Eric Macbeth, at 651-675=
53000 within the next ten days, to coordinate the preparation and recording of the Erin E. Boerschel
Encroachment Agreement for your property. Kelsey A. Hamahan
Daniel M. Ryan
1 Qualified Neutral Under Minn. Gen. R. Prac. 114 2 MSBA Board Certified Real Property Specialist
individual Attorneys also Licensed in Wisconsin and Missouri
Page 2 of 2
Should you have any question concerning this matter, please contact me directly. Thank you for
your prompt attention to this matter.
Very truly yours,
DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A.
Robert B. Bauer
RBB/lmd
cc: Russ Matthys, Public Works Director
John Gorder, City Engineer
Eric Macbeth, Water Resources Manager