ITEM 3.7 ROWOF
Otsego
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Legal
Andy MacArthur, City Attorney January 22, 2018
PRESENTER(s)
REVIEWED BY: ITEM #:
Consent Agenda
City Administrator/Finance Director 3.7
Flaherty
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends that the Council approve the attached Right of Way easement from the City of
Otsego to Wright County regarding the City water tower property near Quaday and CSAH 38.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROU ND/JUSTI FI CATION:
Wright County is currently acquiring right of way for its County 38 project from Odean Avenue to past
Quaday Avenue which is scheduled for construction this Summer. The County has submitted the attached
easement for review by City staff. City staff has determined that that the proposed easement will not
adversely affect the City water tower parcel. The easement needs City Council approval prior to being
executed by the Mayor and City Clerk.
City staff is recommending approval of the easement as presented.
SUPPORTING DOCUMENTS ATTACHED:
• Proposed easement from the City of Otsego to Wright County conveying right of way over the City
water tower parcel.
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve the proposed Easement conveying right of way to Wright County over the City water
tower parcel.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
HIGHWAY EASEMENT
Parcel No. 51
Project No. SP 086-638-006
CSAH 38 Reconstruction from O'dean Ave NE to TH 101
City of Otsego
13400 90th St NE
Otsego, MN 55330
Grantor(s) of Wright County, Minnesota, for and in consideration of, $1.00
One dollar and other good and valuable consideration,
do hereby convey and warrant to the County of Wright, Grantee, for highway purposes,
together with the unrestricted right to improve the same, free and clear of all encumbrances,
the following described Permanent Highway Easement (Right of Way) in the County of
Wright in the State of Minnesota:
That part of the Not Quarter of the Northeast Quarter of Section 34, Township 121,
Range 23, shown as Parcel No. 51 on the plat designated as WRIGHT COUNTY
HIGHWAY RIGHT OF WAY PLAT NO. 72, on file and of record in the office of the
Wright County Recorder, Wright County, Minnesota. This permanent highway easement
shall be used for the maintenance and protection of the alignment of County State Aid
Highway No. 38 as shown on WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT
NO. 72.
Grantor(s) understand and acknowledge that the Highway Right -of -Way contained within
or adjoining Grantor's property also includes any previously documented highway
easements as well as road easements established by use.
SPECIAL CONDITIONS
Said Grantor(s) hereby grants permission to place trails, utility structures such as poles,
guy wires, underground/overhead wires, pedestals and underground structures within the
Permanent Highway Easement area, and also grants additional right of way for cross arm
overhang. During construction, the Grantee shall have a sufficient amount of original
topsoil placed on areas of disturbance to re-establish turf growth, and shall have these
areas seeded with a certified seed mixture and appropriate erosion control materials.
Grantor(s) agree not to plow, remove natural growth or perform any detrimental
operations within the Permanent Highway Easement area, but may maintain turf growth
with lawn mowing, watering, etc.
Said Grantor(s), for themselves, their heirs, executors and assigns hereby release the
County of Wright, Grantee, its successors and assigns, from all claims for any and all
damages resulting to the lands described above by reason of the location, grading,
construction, maintenance and use of a public highway over and upon such lands, the
removal of materials from such lands and from the uses incidental thereto. Grantor(s)
shall be responsible for the maintenance of their driveway. The County of Wright shall
have the right to use and remove earth, trees, aggregate material, and may redirect springs
lying within the Permanent Easement Area and shall be responsible for the maintenance
and protection of said lands used for highway and drainage purposes.
Grantor/Representative Date
STATE OF MINNESOTA
County of Wright
ACKNOWLEDGEMENT
Subscribed and sworn to before me this _ day of , 2018,
by
Notary Public
Drafted by/Return to: Wright County Highway Department, 3600 Braddock Ave NE, Buffalo NW 55313
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