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2 LandscapeEncroachmentFrigstadCITYOF 690 G~7 Cet~ter Drive, PO Box I47 Cbanhassen, Min,esota 55317 P/tone 612.93Z I900 Gener, d Fax 612.937.5739 E, gi,ee~i,g £ax 612.93Z9152 Publ/c S,~O, Fax 612.93< 2524 MEMORANDUM TO: FROM: DATE: Park & Recreation Commission Todd Hoffman, Park & Recreation Directo~_~,~4~ July 9, 1999 SUB J: Request for Landscaping Encroachment, Mr. Ronald Frigstad, 9270 Kiowa Trail Mr. Ronald Frigstad, 9270 Kiowa Trail is requesting an Encroachment Agreement to perform landscaping within the boundary of Bandimere Park. A site map and proposed encroachment plan are enclosed to familiarize you with the location of his request. Mr. Frigstad's original request included a fence and hedge at the outer limit of the encroachment area. I have communicated to Mr. Frigstad that a fence, hedge, or other planting which appear to create a property border will not be permitted. The area of the proposed encroachment is in a "no mow" low maintenance site. Encroachment agreements for landscaping buffers are granted from time to time when mutual benefit results. In that this site was set aside to be a low maintenance buffer strip between the park and adjoining residents, Mr. Frigstad's request is reasonable. Mr. Frigstad has been made aware that in the event the City wishes to clear cut this site in the future for any reason, he has no recourse. RECOMMENDATION It is recommended that the Park and Recreation Commission recommend the City Council approve an encroacN:nent agreement between Mr. Ronald Frigstad and the City of Chanhassen for landscaping at Bandimere Park. g:\park\th\ffigstad l.doc The GO, of C/Janhasse,. A growing commu,iO, with clea, lakes, qz~ality schools, a charmi,~ dow,town, thriving, businesses, and beauti~d parks. A ~reat p/ace ~ lithe, ~,azF, a~:d,o3~r. CITYOF 690 Ci~ Center Orive, PO Box I47 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612. 937 5 739 Engineering Fax 612.937.9152 Public Safeff Fax 612.934.2524 Web wwu,.ci, chanhassen, mn. us June 24, 1999 Mr. Ronald Frigstad 9270 Kiowa Trail Chanhassen, MN 55317 Dear Mr. Frigstad: Enclosed please find a copy of the proposed Encroachment Agreement between you and the City of Chanhassen for landscaping. I have scheduled this item for review by the Park & Recreation Commission on July 27, 1999. Assuming they approve your request, the city council would receive this item on August 9, 1999. Please note that the purple lilac hedge that gives the appearance of a property boundary must be located on your property. Upon preparing a staff report for the Park & Recreation Commission, a copy will be forwarded to you. Call me if you have any questions. Sincerely, Todd Hoffman Park & Recreation Director TH:k Enclosure c: Scott A. Botcher, City Manager g:\park\th\frigstad.doc The CiO, of Chanhassen. ~4 growing community with clean lakes, quality schools, a charmin, g downtown, thriving businesses, and beautiful parks. A great place to live, work, and play. 07/09,'99 11:11 FAX 651 452 5550 CAMPBELL KNUTSON ENCROACHMENT AGREEMENT AGREEMENT made this day of ,1999, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), and RONALD J. FRIGSTAD, a single person ("Owner'.'). 1. BACKGROUND. Owner is the fee owner of Lot 1, Block 1, BANDhMERE SECOND ADDITION in the City of Chanhasscn, County of Carver, and State of Minnesota ("Subject Property"), with a street address at 9270 Kiowa Trail, Chanhassen, MN 55317. The City owns property abutting the Subject Property on the north and west boundaries of the Subject Property ("City Property"). Owner wants to install landscaping, consisting of shrubs and trees, on a portion of the City Property as shown on the site map and proposed encroachment plan attached hereto and incorporated herein as Exhibits "A" and "B." 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment onto City Property to the extent indicated on the site map attached hereto as Exhibit "A" and co~tsistent with the encroachment plan set forth in Exhibit "B" for the installation of landscaping. In consideration of being allowed to encroach on the City Property, Owner, his heirs, assigns, and successors in interest, hereby agrees to maintain the landscaping on the City Property. 3. HOLD HARMLESS AND INDEMNITY. As further consideration of being allowed to encroach on the City Property, Owner, for himself, his successors and assigns, hereby a~ees to indemnify and hold the City harmless from any and ail claims and damage arising out of the Owner's encroachment onto City Property. 4. TERMINATION OF AGREEMENT. The City may, with cause, terminate tiffs A~eement at any time by giving the Owner of the Subject Property thirty (30) days advance 07;09/99 11:12 FAX 651 452 5550 CAMPBELL KNUTSON ~]093 written notice. The Property Owner shall remove the landscaping to the effective date of the termination of this Agreement. If the Owner fails to do so the City may remove the landscaping at Owner's expense. 5. RECORDING. This Agreement shall be recorded against the title to the Subject Property and shall be binding upon the Owner, his heirs, assigns, and successors in interest. CITY OF CItANI-IASSEN BY: Nancy K. Manch~o, Mayor AND Scott A. Botcher, City Manager PROPERTY OWNER: Ronald J. Frigstad STATE OF MINNESOTA ) ( SS. COUNTY OF CARVER ) The foregoing instrument was acl, mowledged before me this day of , 1999, by Nancy K. Mancino and by Scott Botcher, respectively the Mayor and City Manager/Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 2 07,'09.'99 11:12 FAX 651 452 5550 CA~IPBELL KNUTSON ~004 STATE OF MINNESOTA ) ( SS. COUNTY OF' ) The foregoing instrument was acknowledged before me , 1999, by Ronald J. Frigstad, a single person. this NOTARY PUBLIC day of DRAFTED BY: Campbell Knutson Professional Association 1380 Corporate Center Curve, Suite//317 Eagan, Minnesota 55121 Telephone: (651) 452-$000 73575 3 CITYOF 690 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937. I900 Ge,eral Fwc 612.937.5739 Engineering Far 612.937.9152 Public &~q Fax 612. 934.2524 Web wwu:ci.c/m,hasse,.mn, us MEMORANDUM TO: FROM: DATE: Roger Knutson, City Attorney Todd Hoffman, Park and Recreation Director June 21, 1999 SUB J: Request for Landscaping Encroachment, Mr. Ronald Frigstad 9270 Kiowa Trail Roger, please have the appropriate person review these documents and call me. Thank you. g:\park\th\FrigstadEncroac hment Menlo CITYOF CHANHASSEN 690 Cig Center Drive, PO Box 147 Chanhasse,, Minnesota 55317 Phone 612.937.1900 General Far 612. 937. 5739 Engineering Fax 612.937.9152 ?ublic Safety E,x 612.934.2524 Web wwu:ci, chanhassen, mn. us MEMORANDUM TO: FROM: Kate Aanenson, Community Development Director Anita Benson, City Engineer _ Todd Hoffman, Park and Recreation Director '7c DATE: May 14, 1999 SUBJECT: Request for Landscaping Encroachment Agreement; Mr. Ronald Frigstad, 9270 Kiowa Trail. Please review the attached documents to ascertain whether or not your departments approve of this encroachment request. Forward any conditions of approval to my attention. Upon receiving your comments I will either deny Mr. Frigstad's request or forward this request to the City Attorney's office for execution. TH/sk c: Scott Botcher, City Manager Dale Gregory, Park Superintendent g:Xpark)hXBemdimere~rigstadLandscape5_99memo g:XparkXth~rigstadLandscapcEncroachBandimere5_99memo CITYOF CHANHASSEN 690 Cig Center Drive, PO aox 147 Chanhassen, Minnesota 55317 Phone 612.937. I900 General Fax 612.937.5739 Engi,eering tax 612. 937. 9152 Public Safe(y Fax' 612.934.2524 II~b wwu: ci. cha,hassen, mn. us May 10, 1999 Mr. Ronald J. Frigstad 9270 Kiowa Trail Chanhassen, MN 55317 Dear Mr. Frigstad, Thank you for your letter of May 7, 1999 concerning an encroachment agreement. I do not object to the granting of an encroachment for landscape plantings. However, any fencing would have to be placed on your private property. Permits for fencing are obtained through the Community Development Department. Thank you for staking the area you wish to utilize for plantings. In order to better understand your proposal I would like to see a landscape sketch. This diagram can be hand drawn on an 8-1/2 x 11 sheet of paper. I encourage you to utilize a plan and materials which blend with the surroundings. Again, thank you for your interest in making landscaping improvements in this area. Todd Hoffman Park and Recreation Director TH/sk C~ Dale Gregory, Park Superintendent Dave Hempel, Asst. City Engineer Dan Remer, Engineering Tech 1 Jill Sinclair, Environmental Resource Coordinator g:~parkXth',bandimere~bandi~nereresidentronald frigstad5_99 7 May, 199g Todd Hoffman Director Park and Recreation Department City of Chanhassen Chanhassen, MN 55317 Dear Todd: I would like to be granted an encroachment easement onto the city property abutting my residence, Lot 1, Block 1, Bandimere's 2nd Addition, which is known as 9270 Kiowa Trail. The purpose of the encroachment would be to provide noise and visual screening for my property. This would be accomplished by the erection of a fence and suitable plantings to achieve the desired result. The encroachment would be as follows: From the northeastern monument on my property, north 20'to the top of the ridge, then west to a point 20' west of the northwestern monument, then south-southwest to intersect with the extended south property//ne, then southeast to the southwestern monument by the manho/e. I have marked the corners of the proposed encroachment with stakes marked FRIGSTAD. Enclosed is a not to scale drawing representing the general area of the encroachment. Thank you for your consideration and assistance in this matter. Yours truly, Ronald .1. Frigstad 9270 Kiowa Trail Chanhassen, MN 55317 _fr~gstad~mninter. net voice 612.496.9038 ~ BANDIMERE HEIGHTS 1970 o DENOTI:$ lEON M~ME~ 9~LE J INCH EQUAL~ ~ FEET P A ~0 ! 9270 R K O© 0© 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 PROPOSED ENCROACHMENT PLAN BANDIMERE 2ND ADD1T~ON BLOCK I LOT I 9270 KIOWA TRAIL RONALD J. FRIGSTAD 496.9038 13 May, 1999 RASPBERRY PATCH EXISTING TREE / SHRUB SURVERY MARKER ENCROACHMENT AREA PUPLE LILAC EXISTING SOD TREES / SHRUB 0 PROPOSED PLANTINGS ARE PURPLE _ACS ON APPROXIMATE 5' CENTERS WITH OTHER TREES AND SHRUBS THAT ARE IN CONFORMANCE WITH CHANHASSEN CITY CODE Sec 18-61(a)(1), page 1011, Thank you, RonaId J. Frigstad C: g l.v Documents lencroachment plantings 2.doc