4510 Thomas Lake Cir - Encroachment Conservation Easement - L3, B1 Sugar Bluffs\ I I
14
EAGAN
ESTABLISHED 1860
May 23, 2022
William and Renee Ann Lieder
4510 Thomas Lake Circle
Eagan, MN 55122
RE: Encroachments within Conservation Easement (Lot 3, Block 1, Sugar Bluffs)
Dear Mr. and Mrs. Lieder,
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 trail and staircase that is located within the Conservation Easement area at
your residence at 4510 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 (Documents #2239344 and #2698280), Item A states
that constructing, installing, storing, maintaining anything made by man, including but not limited
to, structures, walkways and other items and Item E states that clear -cutting or removal of
native vegetation or trees are not permitted without the prior written consent of the City. The
attached pictures confirm a constructed staircase and pathway have 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,
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.
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Receipt#: 73099 2698280
ABSTRACT FEE $46 00
Recorded on: ' 't12312CJ05 03:30:34PM
By: STG, Deputy
Return to:
SEVERSON SHELDON DOUGHERTY ETAL
7300 STE 5T 1A7TH STREET Joel T Beckinaii Comm, Recorder
APPLE VALLEY, MN 56124 Dakota Coilrlj4% MTV
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT is trade this/ day ofNW4 b?�r?009, between
NICOLE M., YIN and RYU YIN, wife and husband, (hereinafter referred to as "Landowners")
and the City of Eagan, a municipal corporation, organized under the laws of the State of
Minnesota (hereinafter referred to as the "City").
WITNESSETH:
That the Landowners, in consideration of the sung. of One Dollar ($ l .40) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do
hereby grant and convey unto the City, its successors and assigns, a permanent conservation
easement for the purpose of' preserving and protecting the natural character of the easement area,
over, under and across that part of Lot 3, Block 1, SUGAR BLUFFS, according to the recorded
plat thereof, Dakota County, Minnesota, which lies westerly of the shoreline of Thomas Lake and
b southeasterly of the following described line:
Come-nencing at the southwest coiner of said Lot 3, Block 1; thence on an
assumed bearing of South 89 degrees 36 minutes 08 seconds East, along the south
line thereof, a distance of 92,96 feet to the point of beginning of the line to be
�� described; thence North .22 degrees 25 minutes 26 seconds East a distance of
109.55 feet; thence North 41 degrees 15 minutes 33 seconds East a distance of
23.07 feet to the northerly line of said Lot 3, Bloch l and said line there
terminating.
(the "Easement Area").
See also Exhibit "A" attached hereto and incorporated herein.
The Landowners, for themselves and their heirs and assigns, covenant and agree that
they shall not themselves perform nor shall they give permission to any third party to perform
any of the following activities within the Easement Area, without the prior written consent of the
City:
A.. Constructing, installing, storing or maintaining anything made by reran, including
but not limited to, buildings, structures, fences, walkways, clothes line pales and
playground equipment;
B. Parking of vehicles;
C.. Planting of gardens;
D= Storage of firewood; or
E. Clear --cutting or removal of native vegetation or trees,
The Landowners, for themselves and their heirs and assigns, further covenant and agree
that the general topography of the Easement Area. shall be continued in its present condition 7 d
no excavation or change in the topography shall be allowed, save and except as may be required
by any federal, state or local government agency, other than the Landowners, which has
,jurisdiction over the easement premises or as authorized by the City, in writing, as the City shall,
in its sole discretion decide is appropriate; that no cutting or harvesting of any live tree or other
live vegetative cover shall be permitted except as may be required by any federal, state or local
government agency, other than Landowners, which hasurisdictiarr over the easement premises
or as authorized by the City, in writing, as the City shall, in its sole discretion, decide is
appropriate,
The easement granted herein does not entitle the City to use or occupy the surface of the
Easement Area except as specifically provided herein provided that the City may have reasonable
access to the Easement Area for inspection to determine compliance with the terms of this
easement„ This easement shall be effective upon Landowners' execution and shall continue in
force in perpetuity.
Landowners reserve the right to occupy and use the property and easement for all
purposes not inconsistent or interfering with the restrictions set forth herein. The easerent
granted hereunder and the covenants contained herein shall run with the land and shall be binding
onto the parties hereto and their heirs, successors and assigns.
And the Landowners, their- heirs and assigns, do covenant with the City, its successors
and assigns, that they are the Landowners of the premises aforesaid and have good right to grant
and convey the easement herein to the City.
IN TESTIMONY WHEREOF, the Landowners have caused this easement to be
executed as of the day and year first above written,
N le M. Yin
Ryu Y`n
STATE OF MINNESOTA)
)ss.-
COUNTY OF DAKOTA )
The foregoing was acknowledged before me this a-
tn) -&-!L day ofj1�MA96e-_, 2009,
by Nicole M. Yin and Ryu Yin, wife and husband.
..........
APPROVED AS TO FORM:
City Attorney's Office
Dated:
APPROVED AS TO CONTENT:
Pull' car s'Deqp�tln-ient
Dated:? 1vn1-e-ZjAe-j__
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 432-3136
(RBB: 206-21771/EasemelitNo,. 1196)
Notary Pub c
IE;4
RIXEIA! i i i 311111=11 � 1 1,11111110 1:11
-E-A-SEMENT SKETCH FOR: EXHIBIT
�".a�.TY Off' EA P— AN
%�J.C-x ---- A
"SUG.,& BLUFFS."
APPROXIM
LOCATION OF
SHORELINE OF
THOMAS LAKE
CIONSERVATIONV6�
Ir
EASEMENT PER C) CONSERVATION
DOC, NO., 2239344 EASEMENT PER
DOC.. NO.- 2239344
LQ
f-N1 I-rj r%-T- A
SURVEY
> LINE
PROP050
P-Z 006ER VA 77ON
EASEMENT' •4•
APPROXIMATE
LOCATION OF
LAJ I k SHORELINE OF
)o THOMAS LAKE
............ - ------------- --- -
SW CORNER 92,96 S LINE OF
OF LOT 3 S89'036'08"E LOT 3
PROPOSED EASEMENT DESCRIPTION
A permanent conservation easement for the purpose of
preserving and protecting the naturcl character of the
easement area, over, under and across that port of Lot
3, Block 1, SUGAR BLUFFS, according to the recorded plot
thereof, Dakota County, Minnesota, which lies westerly of
the shoreline of Thomas Lake and southeasterly of the
following described line:
Commencing at the southwest corner of said Lot 3,
Block 1; thence on an assumed bearing of South 89
degrees 36 minutes 08 seconds East, along the south
line thereof, d distance of 92,96 feet to the point of
beginning of the line to be described, thence North
22 degrees 25 minutes 26 seconds East a distance
of 109.55 feet; thence North 41 degrees 15 minutes
33 seconds East a distance of 2107 feet to the
northerly line of said Lot 3, Block I and said line
there terminating.,
2009-147 576/59 T 27 R.23 S-28 SMT
2009147002.dwg
PAT
I hereby certify that this sketch, plan,
or report was prepared by me or
Linder my direct supervision and that I
am a duly Licensed Land Surveyor
under the laws of the State of
Minnesota.
Dated this 3rd day of November, 2009
SUNDE LAND SURVEYING, LLC,
Scott J. P oukup, P.
Minn. Lic.- No, 1725
Main Office:
90D I East Bloomington Freeway (35W) • Suite I 18
JISUNDE Bloomington, Minnesota 55420-3435
952-881-2455 (Fax: 952-888-9526)
L"D SURVEYING North Office:
www,,stinde.com Brooklyn Pork, Minn, 763-784-9346 J
SEP,26.2805 8:02RM DAKOTA CTY ABSTRACT
No
St
W7
CM I
CNJ log q
CM
NO.150 R„ 2/6
39344
CONSERVATION FAKEWNTS
IN CONNECTION WMI EAGAN Cam' PROJECT NO. J(WD
`I ESB CONSERVATION 5EUMNT,S ae made this L dgy of A , 2004,
between WCHAEL STACK, and XA ; STACKj husband and wife, �herei€�ter xefe�ed #� as
"l=downers") 4W the City of BasaA a mwiWipal corpmation, mpniu ed undcr the lags of the
Slate of Kr=WD (herchafter ref and to a tho "Chy").
WIT' �SSETIl:
That the Landoomem, in consideration of the s= of tee Dollar ($1.00) and other good
and suable +eonsideration, the receipt an4 sufficiency of which is hereby acknowledged, 4o
hereby grant gpd convey unto the City, its succespors and assiSmo a penwient comwatiorA
eaaernent for the purpose of presmviag and ptot=ting the natural cbaracw r of to eas ,emt arm,
over and across tkw following described premises:
w Thgt pan of Lot l= Block I, SUGAR BLUFFS, $ecqrdiog to the nozord,ed plat
tberoof, Dakgta Coin, Mxtutesota, w*h ties southerly of the shoreline of
Thomas Lake and noaerly of the followitxg desmi,bed line:
w
�xromencWg at the northwest comer of said Lot I I Block 1; thowe
on an assumed be rtg of Scut. 89 dew 36 �ajnute s (gig seconds
Ev, along 'tom north line thereof, A distarmce of 89-26 f zmt to the
point of begito o t the luxe to be d+esozibed; thence South. 34
degrees 44 minutes 52 second East a distmee of l 62,91 feet;
thence South 72 de es 57 imputes 56 seconds Fit a dista tee of
5428 feet, thence NoTth 03 degrees 04 nunutcs I I seconds East a
dis'ta a of 7155 feet; %fence Nortb 53 degrees AD r*vjes 32
secox& Eiqt a disW= of 58,84 feet-, thence South 89 degrees 16
minutes 08 mconda East a ► igtance of 37,47 feet to the east liar; Qf
,aid Lot 1, Block I and said tine them terminating,.
mnaam ff tqjo4
�rrw
DAWTA COMM
rREMUMM
SEP. 26.. 3005 8:03AM i nKOTA CTY ABSTRACT NC„ 130
r
Togetet wl:►:
A permw=t c,,onsarvaVon emment forte pprpc►se of ping and pro#ectuzg
the natural cha=ter of the a ment sre26 oyar, under, and wro" that part of Lot
21 .Mock 1, SUGAR MLFI'S, accotdiPg to the rewtded plat themof, iota
CQun% Minnesctk which lies westerly gud nwhwaxwly of the shordine of
Thomas Lake and northirly, eaaerly md sou easterly of the following describod
line;
mme ing, at the uoAwest cotter, of paid Lot Z Block 1; thmce
an are assumed bearing of Soigh 0 dues 23 rniauW 52 s=omb
Wes; along the we4t 11'4e thereof, A dis#ance of 62,76 feet to the
point. of begi=ing of the ling to be described; thwwa South 89
degms .36 minums .08 second EAa a distance of 76,71 fptt; thenae
Sour: 8 degmes 31 minutes 50 secon4s bast a distance of 86,83
feet; then+a South 19 degmes 17 minutes 42 seconds West a
dunce of 65+95 fit; thence South. 51 degrees 23 minutes 31
seconds West a dista=4 of 73,96 feet; thence South 41 degmes 15
rcdnutes 33 seconds Nest a disco= of 70,72 . Feet to the
southwesterly line of Wd Lot % Bloch I and mid lane ttere
'terrrtinati�►g .
Tagether wifih;
A, perms; M Cons ation a tneat for the purpose of proserMS mi4,..protcOftS
the natmml abaraoter of the *omen; area, ow, wder and across flu, t part of Ut
3, Block !, we"7CxA.R, 13UJFFS� acogtding to the recorded plat thmof, .Dakota
County, Mzme ota, Which lies fly of the shoreline of *Mwmas Lake and
southemterly of tho following described lint:
COMMncing at ft Routhwat cotes of Said Lot 3, Block l; thence
on au assumed bearing of So*h 89 degmep 36 mutes 06 sewnds
But, slons the earth Uno thamf, a 4i$U=e of 103?55 ;het to tt
low of beginning of the &0 to be deger%1 ; thence. Not* 22
degmes 25 rninutog 26 ends But a ice of 109.55 feat;
d=ce North 41 dew 1 � n�nutw 33 semis Ea4 a dlft= of
23+07 feet to the to4berly 4no of aid Lot 3, Block 1 and said 11ne
t t= inaft.
See 4* ExWbit "A" attt"hapto un4 incoxpotawl hfteln.
P „ 3/6
SER, 26.2005' 8.03AM' ..DRKOTA CTY RBSTRRCT NO .,130 P - 4/6
r . , ..
. / a K 4V
The L Wownearg, for themselveo ,and fth, heirs and assigns, covenant attd agree that
dicy shall not thgmsdvep pedom nqi' shall th4y give permission to any third pwty to porform
any of the following activities within The Basement a , with -out the prior vgtten consent of tb§
City.
A.. ConstMeting, in§WI ng, steting or maintAin ng anything trade by man61 noluding
but not limited to,, buildings, StMcUnp, fences, wallavays, e%t% line poxes and
playpo mM equipment;
Far Parking of vehicles:
C., Planting of gardens;
V., Stor4ge of firewood; or
ClearAcuuWg or rmoval of'native ve-getation or trccs,
The Landowners, for themscivos and their heirs and assigns, furdwr cavenant and agme
t t the general topo ,ply of the easement area shall be contiutW in its present condition and
uo oxcavation. or ahsmge in the topoMhy shall be allo-,Aed, pve and except a;i may be required
by my federal, state or local government agepoy, other than the Landowum, which have
j,prisdiction over the easement premises or as aWbori=d �y the +C % in writing, as the City shal.I,
in its sole discmtaoa deoi4e is appzoptiate; that no cutting or harvesting of any live tree or other
live vegetative cover shall be pen -flitted except as may he "gWrgl by any federal, state or Im4
governr nt asenky., other th4n Landowu ms, wWch have jurWiction over the easement pmtniWS
or as autharzcd by the City, in writing, as the City shall, in its .ale discredon, decide is
spproptlAte,
The easements grand haMn, du not entitle the trig to use ov ocimpy the =fhce o€'the
ermont oxcept as opacifically proNided bmvin. TWs eamneot shA l be efeetive upon
T 4owuers' execution and shall. continue in fome In perpetuity..
Lando reserve the right to occupy and use the property and ea' Meat for all
PUVO,scs 'Rat i�onsistent or inederiq with the restticdons set forth herein.. "fie eao=ents
ornted l uxtder and tba covmaTITS contalrxd hereiji shalt run with the land and shad be binding
unto the parties hemto and their heirs, su+ccepsoTs au4 assigns,
M4 the L=lQvmerp, their heirs and assigns, do c vemt with Ow City, its succaslors
and assigns, that thw are the Landa"ors of the premises aforesaid and have gv+ad right to grant
and convey the ees=ent herein to. the City,
....SEP 25., 2005`' 8: 03AM DAKOTA CTY ABSTRACT N0 .150 P 5/ G
i '4
a
IN `T ESTWQjgy WHMOFt the J=dow rers have caused his emment to be
exmuwd as of the day mid year flist eve written.
5TAT.E OF MOMS iTA)
COUNTY OF DOTA
t s know a ed b4fore Uric this ' clay Of
The foregoing tit. � � � � �� � w.� Y
F..,4n'4_Z . 2W, by !�+'Iieh ] Stack alid Ymvn St, husband, and w� CC,
Notivy Public
APPROVED AS TO FORM:
440
Dated.-, Z. to
APMOVED AS TO CONT T:
TM INS T RUNM 4' WAS DR`MD 13Y;
SEVERSON, S DON, MUMMY
& WOLENDAo P.A.
73 €la West 147th Street, Suite 600
Apple VW*j MW ;55124
(952) 437-3136
SEP„26„2005* 0:03RM DAKOTA CTY ABSTRACT
Y 1:
. y ■ yy
rf� YT�f
P
NO. i 30 P„ 6/6
THOMAS LAKE ROAD
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