4191 Summerbrooke Pl - Zoning Permits & Plans1
EAGAN
3830 PILOT KNOB ROAD l EAGAN, MN 55122-1810
(651) 675-5685 I FAX: (651) 675-5694 planning (�cityofeagan.com
✓ For Office Use�
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Permit #:
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Date Received:
2021 ZONING PERMIT APPLICATION
fl Please identify -improvements on a •scaled site plan drawing -that shofines, -stru es, arid existing
conditions.
For projects involving significant land disturbance, aTStormwater Management -Permit and collection of security
may be required.
Notes:
Site Address: 4191 Summerbrooke Place Eagan MN 55123
owner Name., Troy and Sonja Savag
Address:
Troy Savage Phone: 651-247-3780
4191 Summerbrooke Place city/state/zip: Eagan MN 55123
oate:6/1 °/2021
Applicant Signature:
. -E ei eddteS :
24 'ssgaail
■ Retaining Wall <4 feet
❑ Patio
■ Sidewalk
Description of work:
Denied
Revised Pkeis
Approved:
Yes /°No
Approved / Denied
Notes:
Revised Plans
Approved:
Yes / No
Date:
Date:
Date:
❑ Driveway
❑ Sport Court
❑ Fence
Staff:
0 Other:
asements wetlands, erosion control, i pro en in the Righ
I S- Z l Staff:
Staff:
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CALL BEFORE YOU DIG. Contact Gopher State One Call at (651) 454-0002 or www.ciopherstateonecall.org for protection against underground utility damage.
Contact Gopher State One Call 48 hours before you intend to dig to receive locates of underground utilities.
SUMMERBROOKE PLACE
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Agenda Information Memo
September 21, 2021 Eagan City Council Meeting
CONSENT AGENDA
P. Lot 5, Block 1 Summerbrooke
Encroachment Agreement
Action To Be Considered:
Approve an Encroachment Agreement (Drainage & Utility Easement) for the property at
4191 Summerbrooke Place.
Facts:
➢ On June 14, 2021, City staff was approached by Mr. Troy Savage, property owner
of 4191 Summerbrooke Place (Parcel 107295001050), requesting permission for
encroachments within existing drainage and utility easements on said property,
north of Diffley Road, west of Dodd Road, in east -central Eagan.
➢ The easement was dedicated as part of the Summerbrooke Plat, at no cost of the
City, to provide for typical drainage and utility easement needs, including the
placement of storm sewer and access to storm water ponds.
➢ The residence at 4191 Summerbrooke Place is relatively new, having been built
in 2019, and was purchased by Mr. Savage within the past year.
➢ This spring, Mr. Savage regraded his rear lot to address apparent drainage
concerns. As part of this effort, new retaining wall was installed on portions of
the property line for said property, including much of the north property line and
a smaller portion of the west property line.
➢ The drainage and utility easement along the north property line is addressing
typical drainage purposes. The easement along the west property line not only
addresses drainage, but also accommodates one of two parallel storm sewer
lines (about 20' deep) and access to the adjacent storm water pond.
➢ With the installation of the retaining wall, the drainage needs can practically be
addressed, although to a lesser degree than originally designed. However, the
potential impact the retaining wall placement has on the City's replacement of
the storm sewer pipe and effect on the storm water pond access and
maintenance efforts is significant.
➢ On August 17, 2021 the Public Works Committee reviewed the request and
recommended the execution of an encroachment agreement with the property
owner.
➢ The purpose of the encroachment agreement request is to allow the retaining
wall to remain in place, as is. Restoration of the retaining wall, if impacted by
City drainage and utilities activities, would be the responsibility of the property
owner. The agreement runs with the property.
➢ Public Works staff and the City Attorney's office have reviewed and found the
agreement to be in order for favorable Council action.
Attachments (1)
CP-1 Encroachment Agreement
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CERTIFICATE OF SURVEY FOR AVID BUILDERS
Receipt:# 802311
AGREE $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 84604
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Recorded on: 0/11 /202 8:23 AM
By: LMF, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
III
/7_269
/72 9
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT ("Agreement") is made as of the sik
S day of
, 2021, by and between the City of Eagan, a Minnesota municipal corporation, (the
"City") and Troy Savage and Sonja Savage, husband and wife (the "Owners"). The City and
Owners are sometimes hereinafter referred to as the "Parties."
WHEREAS, the Owners are the fee title holders of real property legally described as
follows:
Lot 5, Block 1, Summerbrooke, according to the recorded plat thereof, Dakota County,
Minnesota,
(the "Property"); and
WHEREAS, the City is the holder of drainage and utility easements over, under and
across certain portions of the Property as depicted on the plat of Summerbrooke and any
additional drainage and utility easement granted to the City by the Owners (collectively the
"Easement"); and
WHEREAS, the Owners desire to maintain portions of the existing retaining wall and
landscaping in the City's Easement (collectively the "Improvements") where currently located
within the Easement on the north and west sides of the Property as depicted on Exhibit "A"
attached hereto and incorporated herein (the "Encroachment Area");
NOW, THEREFORE, the parties hereto agree as follows:
1. ENCROACHMENT. The City hereby authorizes the Owners to maintain the
Improvements within the Encroachment Area. This Agreement does not convey to
the Owners any title, interest or rights or otherwise limit the City's Easement. The
Owners may not expand the encroachment onto other areas of the Easement.
2. NO WAIVER. Nothing contained in this Agreement shall be deemed a waiver or
abandonment of the City's rights in the Easement nor shall anything contained herein
affect the right of the City, its contractors, agents and servants to enter upon the
Easement at all reasonable times to construct, reconstruct, inspect, repair, and
maintain pipes, conduits and mains, and the further right to remove obstructions,
including the Improvements.
/ 726 fk
3. DAMAGE. The Owners shall not cause any damage to any existing or future utilities
located within the Easement and shall be responsible for any such damage caused
by the Owners or by the Owners' guests or invitees.
4. INDEMNIFICATION. The Owners shall indemnify and hold the City and its officers,
employees, agents, representatives, attorneys, successors and assigns harmless
from any and all claims arising out of or related to (i) the installation, use,
maintenance, repair, removal, damage or destruction of the Improvements, (ii) injury
to the Owners or any third party caused by or related to the Improvements, and (iii)
damage to real property or personal property of the Owners or any third party caused
by or related to the Improvements.
5. MAINTENANCE. The owners agree to maintain the Improvements in accordance
with all applicable laws, ordinances and regulations, including but not limited to the
City zoning ordinance, building code, fire code and construction standards. If the City
determines, in the City's sole discretion, that the Improvements have not been
properly constructed or maintained, upon request of the City, the Owners shall
immediately remove the Improvements from the Easement and restore the
Easement to the condition as it existed prior to the construction of the Improvements,
at the Owners' sole cost and expense. If the Owners fail to timely remove the
Improvements and restore the Easement as required herein, the City may remove
the Improvements and restore the Easement to the condition as it existed prior to the
construction of the Improvements, without any obligation or liability to the Owners,
and at the Owners' sole cost and expense, including but not limited to material, labor,
and costs of collection, including but not limited to attorneys' fees.
6. ASSUMPTION OF RISK. Owner acknowledges that the future maintenance, repairs
and/or replacement of the utility lines within the Easement could possibly damage
the Improvements. By entering into this Agreement, Owner assumes the risk of any
and all damage to the Improvements that may result from any work performed by the
City and/or its agents within the Easement.
7. DEFAULT. If the Owner fails to take any action required in connection with this
Agreement, the City will provide a written notice of default to the Owner giving Owner
a 30-day cure period. Notice need not be given in the event emergency repairs are
needed. After the 30-day cure period, the City may take action and bill the Owner for
the costs thereof. If the Owner fails to reimburse the City for the costs thereof within
ten (10) days and after receipt of the bill, the City may take any action permitted by
law to collect the amount owed plus the costs of collection, including, but not limited
to attorneys' fees.
8. TERMINATION. The City may terminate this Agreement at any time by giving written
notice of termination to the Owners at least thirty (30) days prior to the effective date
of the termination. Upon termination of this Agreement, the Owners shall immediately
remove the Improvements from the Easement and restore the Easement to the
condition as it existed prior to the construction of the Improvements. If the Owners
fail to remove the Improvements and restore the Easement as required herein within
4191 Summerbrooke Place Encroachment
EAGAN
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D & U EASEMENT
I l STORM SEWER
l l RETAINING WALL
1:0 STORM WATER POND
DRAINAGE &UTILITY EASEMENT
/11111111/111 EC-ICCCCCCCCC CC-CCCCC=CCCCC.-C`�
Retaining Wall
DRAINAGE & UTILITY EASEMENT
SUMMERBROOKEkCOURT
Document Path: L:\USERS\PUBWORKS\Engineering\TStrid\Exhibits\4191 Summerbrooke Place Encrochment Request.mxd
Document Path: L:\USERS\PUBWORKS\Engineering\Exhibits\4191 Summerbrooke Place Encrochment Requst.PDF
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thirty (30) days after termination of this Agreement, weather permitting, the City may
remove the Improvements and restore the Easement to the condition as it existed
prior to the construction of the Improvements, without any obligation or liability to the
Owners, and at the Owners' sole cost and expense, including but not limited to
material, labor, and costs of collection, including but not limited to attorneys' fees.
9. COSTS. The Owners shall be responsible for all costs associated with this
Agreement. Within thirty (30) days after presentation of a detailed invoice therefore,
the Owners shall pay or reimburse the City for all costs and expenses that the
Owners are obligated to pay under this Agreement. If the Owners fail to pay the
invoice, such charges shall become part of the City assessments, and the City shall
include such assessments as part of the real estate taxes due and payable with
respect to the Property. The Owners waive any rights to hearings or notice of
hearings relating to the levying of such assessments or the right to contest the
assessments under Minnesota Statutes Section 429.081. The Owners shall also be
responsible for all costs of maintaining and repairing the Improvements.
10. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of the agreement is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portion of this Agreement.
11. BINDING AGREEMENT. The parties mutually recognize and agree that all terms
and conditions of this recordable agreement shall run with the land herein described
and shall be binding upon the successors and assigns of the parties hereto.
12. GOVERNING LAW. This Agreement shall be governed by and interpreted under the
laws of the State of Minnesota.
13. SURVIVAL. The Owners' obligations and liabilities pursuant to this Agreement shall
survive the revocation of termination of this Agreement.
In acknowledgment of the above License Agreement, the parties hereto affix their
signature on the dates stated below.
OWNERS: _ CITY OF EAGAN
Sonja age
likhst Mike Ma ir
By:9u
Its: Mayor
izabeth VanHoose
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this k - day of __ °
2021 by Mike Maguire and Elizabeth VanHoose, the Mayor and Clerk of the City of Eagan, a
Minnesota municipal corporation, on behalf of the municipal jrPoration.
PATblic
41
MELtSSA G. TIMM
Notary Public -Minnesota
My Comission Expires Jan 31, 2025
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
ss.
The foregoing instrument was acknowledged before me this
2021 by Troy Savage, married to Sonja Savage.
JULIE ANITA STRID
Notary Public -Minnesota
My Convninion Expires Jun 31, 2025
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
ss.
day ofb
The foregoing instrument was acknowledged before me this day of
2021 by Sonja Savage, married to Troy Savage.
JULIE ANITA STRID
Not ry Public -Minnesota
My COninimion E,pYa Jan 31, 2025
This instrument was drafted by:
City of Eagan
Engineering Department
3830 Pilot Knob Road
Eagan, MN 55122
(651) 675-5646