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Page 1 of 2 <br /> <br />DATE: August 31, 2015 <br /> <br />TO: Honorable Mayor and City Councilmembers <br />Patrick Klaers, City Administrator <br /> <br />FROM: Terry Maurer, Public Works Director <br /> <br />SUBJECT: Farnsworth Encroachment Agreement <br /> <br /> <br />Requested Action <br /> <br />Approve the Farnsworth Encroachment Agreement for the property located at 1487 Lametti Lane <br />and direct the Mayor and City Administrator to sign the Agreement on behalf of the City. <br /> <br />Background/Discussion <br /> <br />Mr. Farnsworth is constructing a new home at 1487 Lametti Lane and desires to make <br />improvements to the lakeshore area that include a boulder retaining wall and creation of a beach <br />area. The City has an existing 20 foot wide Utility Easement for a sanitary sewer line that covers <br />part of the lakeshore area Mr. Farnsworth would like to improve. Through discussions with Mr. <br />Farnsworth, City staff and the City Attorney prepared the attached Encroachment Agreement <br />allowing Mr. Farnsworth to improve this portion of his property while protecting the ability of <br />the City to operate and maintain the existing sanitary sewer line. <br /> <br />The Council discussed the Encroachment Agreement at a Work Session meeting on August 17, <br />2015. Based on Council direction and consultation with the City Attorney, the following changes <br />have been made to the final Agreement: <br /> <br />1. All paragraphs have been reviewed to ensure they refer to the “Farnsworths, its <br />successors and assigns”. <br />2. The sentence in Paragraph #4 that referred to “To the extent the Farnsworths are <br />unsatisfied….” has been removed. <br />3. Paragraph #9 has been added stating the Farnsworths are responsible to obtain any and all <br />other permits and/or approvals to do their work. <br /> <br /> <br />CONSENT ITEM – 5E <br /> <br />MEMORANDUM <br />