4500 Thomas Lake Cir - Encroachment Conservation Easement - L2, B1 Sugar BluffsEAGAN
ESTABLISHED 1860
May 24, 2022
Scott and Cynthia Petersen
4500 Thomas Lake Circle
Eagan, MN 55122
RE: Encroachments within Conservation Easement (Lot 2, Block 1, Sugar Bluffs)
Dear Mr. and Mrs. Petersen,
As the Public Works Director for the City of Eagan, I work with Eric Macbeth, our Water
Resources Manager. Among his duties, Eric is responsible to ensure that lands subject to City
conservation easements are in full compliance with the restrictions of those easements.
understand you and Mr. Macbeth have been interacting since early February concerning a dock
and its associated staircase that is located within the Conservation Easement area at your
residence at 4500 Thomas Lake Circle.
Mr. Macbeth's letter of February 3, provided you two options: 1) complete removal of all
constructed, installed, stored, or maintained objects and restoration of all the landscape
alterations or 2) request the City Council to approve an encroachment agreement allowing the
existing constructions and alterations to remain. On February 21, you requested an
encroachment agreement.
According to the Conservation Easement (Document #2239344), Item A states that
constructing, installing, storing or maintaining anything made by man, including but not limited
to, structures and walkways and other items is not permitted without the prior written consent of
the City. Your attached pictures confirm a constructed staircase has been placed within the
conservation easement.
On May 17, 2022, the City Council considered your request of an encroachment agreement.
After deliberation, the Council denied your request and required the preparation of a Restoration
and Management Plan for the impacted portion of the easement.
I hereby respectfully request that you provide me a plan prepared by a certified arborist detailing
how you propose to restore the native vegetation within the easement area upon the removal of
the staircase and plan to prevent the reoccurrence of any future encroachments. I expect to
receive your proposed Restoration and Management Plan within 45 calendar days, by July 15,
2022. 1 anticipate the City Council will consider your plan within 30 days of our receipt. Upon the
MAYOR I MIKE MAGUIRE COUNCIL MEMBERS I PAUL BAKKEN, CYNDEE FIELDS, GARY HANSEN, MIKE SUPINA CITYOFEAGAN.COM
CITY ADMINISTRATOR I DIANNE MILLER MUNICIPAL CENTER 13830 PILOT KNOB ROAD, EAGAN, MN 55122-1810
MAIN: (651) 675-5000 MAINTENANCE: (651) 675-5300 UTILITIES: (651) 675-5200
IF YOU HAVE A HEARING OR SPEECH DISABILITY, CONTACT US AT (651) 675-5000 THROUGH YOUR PREFERRED TELECOMMUNICATIONS RELAY SERVICE.
z
A9uaoj}y Aj!o `aane8 }jago�l
aabeueW saoanosa�j aaleM `glegoeW ou3 :0
Juauaase3 uoljenaasuoO `soloyd — sainsolou3
aoloaala s�jo/A ollgnd
d `sAglleW ssn�j
`Alanouls
aallew slut of uollualle Idwoad anon( aol no/x � ueyl -sAep b 1 ulullM in000 pinogs uoljeaolsai
uoljeJ96an paleloosse pue aseoaieIs auj 10 lenouaaa ayl `ueld slut 10 lenoidde s,llounoo
9
rn
SEP,26„2005
8:02AM DAKOTA CTY ABSTRACT
CS
E
t2 CM
to
W7
ca
ca
.
NO. ISO Pu2/6
3 344
IN CONNECTION WrM EAGAN CITY PROJECT NO. iWD
IMSE CONSERVATION EA5EIiMNTS are made this dtxy of i , 2004,
between I CHAEL STACK, and %A� $Tr CK., husband and vk, hert d to as
"1=downers") rtnd the City of Ea fiat a mwnidpal co ration, organ ed under the laws of the
State ofIti► tnnepoty (hers' or refexred rp as tho 11rhy).
W .1 TN l S E `I' M.
That the irandomen, in consideration of the surd, of Oce Dollar ($1.00) and other good
and suable consideration, the receipt an4 sufficiency of which is herby acknowledged, rho
h=by ,rant �pd convey uuto the City, its succesgors and assig=0 a ,permanent conservatiorl
easement for the purpose of preserving and ptotwting the natural character ofto easemrmt arm,
over and aoross the following described promxsas:
'4
Thgt part of Lot I, Block 12 SUGAR BLUFFS, aooqrdipg to the vzorded plat
' thereof, Dakgta Ct wyr Minmota, wbigh ties southerly ofthe shoreline of
Tlwmw Lake and northerly of the following described lire:
t;lommencing at the northwest comer of said. Lot I Block 1; theme
on an assumed bwA ng of SouI4 89 dorms 36 ralnutes 08 seconds
Ea,t along ft north line theMat, n d,istmcc of 89.26 izot to the
pooirxt of boOnnino of the luxe to be desc bcd; thence South. 34
dues 44 mi'uas 52 second East a distmee of 112,91 Feet;
thence South 72 de ea 57 minutes $ 6 seconds FAst i distance of
54„28 feet; thence forth 83 degrees 04 'tinutts I I seconds Fast a
distanoe of 7155 fact; %hence North 53 degms 00 r4ingtes 32
aacattds Eid a distaof 58,84 feet; thc=e South 89 degrees a'6
minutes 0$ oeconds East a digtance of 37.47 *&t to the east line; of
acid Lot 1, Block I and said line them terminathig,
DATE Raw X I
DAKMA 00UNrY
SEP,26.,3005 8:031;M DRKOTA CTY ABSTRACT
Twt et with:
ith:
NO„ 130 P„ 3/6
A permm=t comervalion easement for the purme of PrWArving and prOfttuig
the natural cbaraater of the a ment area, over, under and wro that pW of Lot
2s 81ock 1, SUGAR SLUM. acowdipg to the retarded plat thenof, imkota.
Op=ty, i=ewtas which lies westerly ;md uPrth'eswly of the shmd Of'
Thomas Lake and no rthirly, easterly Md so4eaterly of the following describod
line,
comme=W at tho aoAwest comm, of laid Lot 7, Block 1; thence
an. an Rsx ►ed beaA xg of Soouth. 0 degrees 23 minttte4 52 seconds
''hest, akng tbo west fipe thareof, IL dlstanco of 62,76 feet to the
puig# of beginning of the ling to lac described; thomr, $auth 99
tiegms .36 minutes .08 second REM a disiace of 76-7.1 fF;a-t; 4beace
Soup , g dtgnes 31 minutes So secon4s East a distance cif $6.83
feet; tl�eu South 19 dew 17 minutes 42 seconds West a
diMnce of 65.93 ft; thence Sew 51 dogs 23 ininutes 31
seconds Vest a s t v, of 73,94 feet; thence South 41 +degmes 15
wjaute5 33 seconds West a dimme of 70, , feet to the
southwwasterly line of' s .d Lot 2, Block 1 and mid Una there
te�ti�aa,�iu�,
Tagetber v�.th;
A permawW +Coulon evotnent for the pie of praserng md,.protcaftS
the natual oharactar of the *aMent area, Qwx, under and acr= that part of Lot
3, Block i, S-UGAR BUJF 'S� aco9rding to the regarded plat themeof, Dakota
County, Mzmeaota, which lies waWly of the shoreline of Thiomas Lake and
southmteply of thv following described line;
commencing at tie south's + mom' d Wd Lot 3,131 1; thence
on au assumed bcarins of go*h 89 degree 36 mites tag sewn&
East, along the north Une tl of, a dislanaa Of 109,55 AW to the
paint of hang of the lime to be described-, ftme Worth 22
degmes 25 minutoo 26 4econds Last a distowe of 109.55 fcct;
thence North 41 depm 15 rAl nutes 33 seewds E" a dlsu= of
23.07 feet to tho nor5erly Unp of sa€d Lot 3, Mock 1 and said Une
duma terminadng„
Sec 41Ic ExWbit "A" wed h to arui incorporated min,
SEP,, 26 , 2005" 8: O3RM" " 'DRKOTR CTY RBSTRRCT NO,.130 P. 4/6
r . ,
P i •i V4
The La Wownerg, for themselveo and th it heirs nd assign$ covenant attd agree thut
they shall not thg=dve4 pmf= nQr shall th4y give permission to any third party to peform
any of the following a0tivities vvaft the easement arm, y&ham tho prior Witten consent of tho
City:
A, Constructing, Wiling, staxing or maintaining artytWns trade by rnan, inoludlng
but not hilted to,, buildings, stmetmps fences, lkwa3f , 0100hm line poles and
playWcQM equip=nt;
Br Farb of vehicles;
C.Flan.tang of gardans;
)D,, Stome of firewood; or
F. Clear,�cuuiug or r=oval of native vegetation or trees.
The L=dowve rs, for themselves and thelheirs and as$xgns, farther wvenant and agree
that fe general tqpo phy of the easement pia shall be continimd in its present condition and
uo oxcavation or change in the top ogr by shall be allowed, eve and except as may be required
by ;my federalt, state or local goverment agepoy, other than the idow=, which have
jwisdiotion over the easement premises or as aqtbonlzed lay, the Cityo In writing, as the City Owl,
in its sole discretion decide is apMptiate; that no cutting or harvesting of any live tree or other
live vegetative cover shall be pan -pitted exmpt as may wired by any federal, state or local
governr nt agency, other th4n Landowners, which have jurisdiction over the easement prernims
or as authodzed by the City, in ti 4fing, as the City shall, in its sole +discretimi, decide is
appropriate„
The cmamenb gtranW herein do not =title the City to use ov ocQupy the Wace Of'to
e ememt except as opeclllcally pmNided herein. This easement shall be effective upon
Ln4owneTs' exeeuticn and shad. continue in foxo in perpetuity.
Landowum reserve the fight to ocenpy and use the property and a ment for all
puVo,scs pat a�onsistent or imderin$ wwi the, Wt resbics act forth hore�,, ne easem
Smted hamunder and the covwaTus containod hepreip shall r'un wib the land and shall be binding
onto tine~ posies hemto and their hem, su+ccosors and assigns,
AAA the Lanclowrterp, their hem and *s, do covenant with Ole City, its surcwms
and assigns, that thw are the Landn"ors of the premises afQmWd and have goad right to grant
and convoy the em=ent herein to the City,
26„ 2005"' 8: 03AM DAKOTA CTY ABSTRACT NO,.130 P 5/6
F '4
f
IN TEgT1MQT` y WHMO T the 1=downers have taused Ws emment to be
excomed as of the day aad y'e4r Ist above vMtten.,
STATE OF MDWSOTA)
COUNTY OF DA OTA � ..
The foregoing instum=t was wknowledged b4bro me This '�.�.� day
2004, by MiahW 'Mack apt wren St�uck, hus3 d and ►fie.
NotooPubfic
APPROVED AS TO FORM:
Nii1'ARY-P36u-f,1r.
City ,A,ltomey's'01 icc ,..,
Dad:
APMOVED AS TO CONI T:
?Vic Worka Mpmtment
11
'TES IN�►'T1�� ��,'1' WAS DRAMD IM,
SEVERSON, SMDON2 DOUGHBR,TY
&?40LERDA4 P.A.
7300 0 West 147th Street, Suite 600
Apple V;dlcy, h' 55124
(952) 437 3136
(B: 206.2177I) EmementNo, 1034
E
of
SEP„26„2005• 8:02AM DAKOTA CTY ABSTRACT
Y
• i s
r • s� f is
NO.. 130 P 116/6