Adopt Resolution #24-151 Approving Encroachment Agreement for 6821 146th Cir NW

At the May 14, 2024 City Council meeting, Michelle Powers addressed the City Council regarding a code enforcement case on her property pertaining to an encroachment of private improvements on city owned property.  The city owned property is dedicated park land.  Powers indicated the property was purchased with an existing fence in the backyard, and they believed the fence was on their property.  An additional encroachment of the children's playset is also on city owned land.  After discussion, the City Council supported an option of an encroachment agreement allowing the continued use of this area by the Powers'.

City Attorney Knaak drafted an agreement, and it was reviewed by the property owners.  A difference between the final agreement and the expressed support from Council based is the timeframe of the agreement.  Attorney Knaak has stated that a perpetual encroachment agreement onto park land would be construed as a permanent conveyance and thus would present legal issues.

Based on previous support by the City Council, staff recommends approval of the encroachment agreement for the purpose of establishing an approved encroachment per the terms within the agreement.

Motion to adopt resolution #24-151 approving an encroachment agreement for 6821 146th Cir NW.