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
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