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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. A@uaojjy Al!o `aane8 }jago�j aabeueW saoanosa�:l aaleM `ylagoew ola3 :0 Juauaase3 uoljenaasuoO `sologd — saansolou3 aoloaald gjoM olignd 3d `sAglleW ssn�j ' `Alaaaouls •aallew slut of uollualle Idwoad anoA aol nog( Nuegi -sAep -V 6 uigl!m in000 pinogs uolleaoIsaa uolJe}968n paIeloosse pue aseoalejs ayj 10 lenouaaa ayl `ueld sluj 10 lenoidde s,llounoo eqj uodn gdlaoaa ino jo sAep 0£ ululIM ueld anon( aaplsuoo IIIM Ilounoo Al!o aqj a}edlollue 1 'ZZOZ 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 t! � �t r W 1 Y II