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644 McFaddens Tr - Code Violation Letter Dougherty, Molenda, Solfest, Hills & Bauer P.A. DOUGBERTYMOLENDA Robert B. Bauer Direct dial: (952) 953-8847 0 ® Attorneys ( Advisors E-mail: rbauer@dmshb.com January 6, 2014 Timothy L. Boike 644 McFaddens Trail Eagan, MN 55123 Re: City Code Violation office 7300 West 147th Street Suite 600 Dear Mr. Boike: Apple Valley, MN 65124 (952) 432-3136 Phone This office serves as legal counsel to the City of Eagan. As you may have noticed, (952) 432-3780 Fax the City has undertaken improvements to benefit the adjacent water body known as www.antsnb.com Fitz Lake. As part of the improvements, it is necessary for the City to use its dedicated drainage and utility easement that was granted to the City on the plat of attorneys Lakeview Trail Addition. During the improvement project, the City placed Michael G. Dougherty = construction stakes within the easement in the area. The City discovered through its surveying that portions of your home as well as your retaining wall are within the Michael E. Molenda dedicated drainage and utility easement.. Loren M. Solfest It is the goal of the City to work with its property owners to ensure compliance with Sharon K. Hills City Code and to make certain that there are no obstructions within its dedicated Robert B. Bauer drainage and utility easements. In this instance, there appears to have been a Terrence A. Merritt' substantial error on the part of the contractor who constructed the home to have portions of it within the dedicated drainage and utility easement. Notwithstanding, Annette M.Margarit the City is willing to permit the obstructions within the easement area provided that you enter into an Encroachment Agreement in a form acceptable to the City Stephen A. ung Attorney. In the Encroachment Agreement, you would acknowledge that Christine J.Cassellius improvements are located within a dedicated easement area and that the City would Brian J.Wisdorf= permit the encroachments to remain subject to the terms of the Encroachment Agreement. The Agreement would generally provide that if the City needs to Michael D. Klemm 1:1 undertake improvements within the easement area, it is not responsible for any Matthew 1.Schaap damage that may occur to your home or the retaining wall. Ryan J. Bies Please contact the City's Water Resources Manager, Eric Macbeth, at 651-675- William M.Topka 53000 within the next ten days, to coordinate the preparation and recording of the Encroachment Agreement for your property. Erin E. Boersthel Kelsey A. Hanrahan Daniel M. Ryan 1 Qualified Neutral Under Minn. Gen. R. Prac.114 1 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, SOLFE5T, HILLS & BAUER P.A. Robert B. Bauer RBB/lmd cc: Russ Matthys, Public Works Director John Gorder, City Engineer Eric Macbeth, Water Resources Manager