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