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ITEM 3.6 ISD 280tsTY F o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Utilities Utility Manager Neidermeier March 25, 2019 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Attorney MacArthur 3.6 STRATEGIC VISION MEETS: THE CITY OF OTSEGO: District 728 regarding access and use of real property for establishment of a test well near Otsego Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Yes Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. BACKG RO U N D/J USTI F I CATI O N: Is a social community with diverse housing, service options, and employment opportunities. meet current and future water demands. An exploratory well is drilled to identify water quality and Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: Staff is recommending approval of an agreement between the City of Otsego and Independent School District 728 regarding access and use of real property for establishment of a test well near Otsego Elementary School. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKG RO U N D/J USTI F I CATI O N: The City of Otsego Utilities is seeking an additional water source to serve the East Public Water System to meet current and future water demands. An exploratory well is drilled to identify water quality and production characteristic prior to setting and determining a final production well location. The test well proposed is near the Otsego Elementary School and existing Well 1 site having benefits of existing infrastructure within close proximity. Traut Well Company was awarded the test well drilling contract at the January 28th meeting. Drilling is anticipated for early May and estimated complete within four weeks of initiation. Fencing will surround the work area to provide security. Staff has worked with ISD 728 to establish an agreement to allow access and drill the test well. Independent School District 728, City Staff and City Attorney have reviewed the agreement with recommendation of acceptance. SUPPORTING DOCUMENTS ATTACHED: 0 ISD 728 Agreement with exhibits POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve the agreement between the City of Otsego and Independent School District 728 regarding access and use of real property for establishment of a test well near Otsego Elementary School. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT REGARDING ACCESS AND USE OF REAL PROPERTY FOR ESTABLISMENT OF A TEST WELL NEAR OTSEGO ELEMENTARY SCHOOL WHEREAS, the City of Otsego ("City") is a municipal corporation under the laws of the State of Minnesota; and WHEREAS, Independent School District 728 ("School District") is a school district established pursuant to State law and a political subdivision of the State of Minnesota; and WHEREAS, School District owns certain real property within the City upon which Otsego Elementary School is located (the School Property) and is legally described in the attached Exhibit A; and WHEREAS, the City has determined the need for a Test Well within the School Property; and WHEREAS, the Test Well will be used to study ground water quantity and quality for possible construction of a future City well on or near the School Property. NOW, THEREFORE the parties agree as follows: GENERAL CONDITIONS 1. The School District hereby grants to City a right of entry and temporary easement to the City, its employees, officers, agents and contractors over, under and across that portion of the School Property as depicted on the attached Exhibit B. 2. Said right of entry and temporary easement commences on April 1, 2019 and terminates on November 30, 2019. 3. The right of entry and temporary easement includes the right to access the property through adjoining School Property, and the right to drill a test well, excavate the site, and take any and all additional actions necessary to construct and operate the Test Well 4. City will be responsible for all required permits, approvals and regulatory communication necessary to establish the Test Well. City will be responsible for ongoing compliance with all applicable statutes, rules, regulations or ordinances. School District agrees to cooperate with City, if necessary, to obtain required permits and/or regulatory approval. 5. The City will be responsible for the actions of its employees, agents and contractors and shall supervise and inspect the contractors work during establishment of the Test Well. The City, at its sole cost, shall cause the School Property and Test Well site to be restored to substantially its same condition as prior to the Project. 6. The Test Well site shall be insured by the City. In no case shall this arrangement regarding insurance coverage result in one person or persons seeking double recovery for a specific incident or claim from both the City's insurer and the School District's insurer. 7. The City will defend, hold harmless and fully indemnify the School District from any claims or causes of action of any nature related to City the Test Well site, except for claims or causes of action resulting from negligence or intentional acts by the School District, its officers, employees, agents or contractors. 8. The City shall conduct its operations under this Agreement in a way that does not interfere with the School District's use of the adjacent and surrounding property for school and school -related purposes. The City will not engage in activities under this Agreement that would negatively affect water usage, flow or quality at the adjacent school facility. 9. This Agreement is to be governed by the laws of the State of Minnesota. 10. This written Agreement is a full and complete recitation of the mutual obligations of the parties and any previous agreements written or oral are hereby merged into this Agreement. 11. This Agreement may only be amended or modified by mutual written addendum to the Agreement. Fa Dated: Dated: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk INDEPENDENT SCHOOL DISTRICT 728 C EXHIBIT A The South Half of the Southeast Quarter, Section 22, Township 121, Range 23, Wright County, Minnesota. EXCEPTING therefrom the five following described tracts: 1. Beginning at the Northwest corner of the Southwest Quarter of said Southeast Quarter; thence east along the North line thereof for a distance of 28 feet; thence southwesterly for a distance of 40 feet, more or less, to a point on the West line of said Southwest Quarter of the Southeast Quarter a distance of 28 feet south of the point of beginning; thence north along said West line for a distance of 28 feet to said Point Of Beginning. 2. That part of the South Half of said Southeast Quarter described as Beginning at a point on the South line thereof a distance of 826.72 feet West of the Southeast corner of said Southeast Quarter; thence East, assumed basis of bearings, along said South line of the Southeast Quarter for a distance of 472.67 feet; thence North 45 degrees 53 minutes 42 seconds East for a distance 135.98 feet to the centerline of County State Aid Highway No. 36 (formerly County Road No. 130, formerly State Trunk Highway No. 101, and now known as County State Aid Highway No. 42); thence North 44 degrees 06 minutes 18 seconds West along said center line return for a distance of 427.26 feet; thence South 39 degrees 19 minutes 52 seconds West for a distance of 258.65 feet; thence South 28 degrees 25 minutes 44 seconds West for a distance 228.98 feet, more or less to the Point Of Beginning. 3. All that part of said South Half of the Southeast Quarter lying north and east of County Road No. 130, 4. All that part thereof taken for said County State Highway No. 42 according to the duly recorded plat of WRIGHT COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 8. 5. All that part of said South Half of the Southeast Quarter described as Commencing at the Southwest corner of said Southeast Quarter; thence on an assumed bearing of East along the South line thereof for a distance of 926.60 feet; thence on a bearing of North for a distance of 881.54 feet to a point to be thereafter known as Point "A" for the purposes of this description; thence North 45 degrees 54 minutes 08 seconds East, along a line the be hereafter known as Line "B" for the purposes of this description, for a distance of 502.06 feet, more or less, to intersect the Southwesterly line of the right-of-way of County State Aid Highway No. 42 as shown on the WRIGHT COUNTY RIGHT-OF-WAY PLAT NO. 8, filed as Instrument No. 455231, files of the Wright County Recorder, said point of intersection also being the actual Point Of Beginning of the land to be hereby described ; thence return South 45 degrees 54 minutes 08 seconds West along said Line "B" to said Point "A"; thence South 44 degrees 05 minutes 52 seconds East, along a line to be hereafter known as Line "C" for the purposes of this description, for a distance of 466.70 feet; thence North 45 degrees 54 minutes 08 seconds East, along a line to be hereafter known as Line "D" for the purposes of this description, for a distance of 466.70 feet to intersect said highway right-of-way; thence North 44 degrees 05 minutes 52 seconds West along said right-of-way for a distance of 246.20 feet to a point of curve as shown on said right-of-way plat; thence continue along said right-of-way being a tangential curve concave to the northeast, radius 704.81 feet, for a central angle of 18 degrees 13 minutes 33 seconds and length 224.20 feet, more or less, to the Point Of Beginning. EXHIBIT B DRAWING OF EASEMENT AREA D -O "D mho z�x D x m V) S M �m may Z 0 m 0