Clayton council approves encroachment agreement to allow existing fence on town parcel during property sale

The Town of Clayton council voted to approve an encroachment agreement that recognizes an existing fence and a narrow gravel strip that extend two to five feet over a town-owned railroad parcel adjacent to a storage unit slated for sale. Council members were told the buyer (Chicago Bridal was mentioned in the discussion) requested the recorded agreement after a survey showed the encroachment.

The agreement, as discussed in the meeting, acknowledges the encroachment but prohibits the property owner from constructing additional structures or otherwise expanding the encroachment. The document will be recorded in the property's title and will attach to future transfers so the restriction follows subsequent buyers, council members said.

Speaker 1 explained the intent: the town will "recognize there's an encroachment" and "allow it until such time as we might need to change that in the future," while also preventing the owner from taking advantage of the encroachment. Councilmember (speaker 2) moved to approve the agreement, speaker 7 seconded, and the motion passed by voice vote.

Council also authorized the town representative to meet with the buyer and a notary and sign the agreement for the town. Chair directed the parties to coordinate a notarized signing and recording at the title company after council approval.

The vote was procedural and limited to approving the encroachment instrument and authorizing a designated town representative to execute it on the town's behalf. No changes to property lines were made; council members characterized the action as a title recording and administrative step tied to the pending sale.

What happens next: the approved and notarized agreement will be recorded with the buyer's title. The council noted the agreement runs with the property and will remain in place until the town takes future action.