ITEM 5.1 Casey DarkenwaldTY
OtSegF o
MINNESOTA Cy
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
27 April 2020
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendall
5.1— Casey Darkenwald
STRATEGIC VISION
MEETS:
I THE CITY OF 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.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of an encroachment agreement allowing for driveway improvements
within City right-of-way.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
The City approved a conditional use permit on 10 March 2010 allowing for an administrative subdivision to
PID 118-500-341105. The subdivision approval provided for dedication of the north half right-of-way for
651h Street west of Quale Avenue. Access to 118-500-341105 was approved to utilize a private driveway
within the 651h Street right-of-way subject to an encroachment agreement. The City Attorney has drafted
and the property owner executed the attached encroachment agreement to allow for construction of a
driveway not to exceed 20 feet in width. The construction of the driveway, including its location and
necessary removal of trees is made subject to review and approval of the City Engineer. The City has the
right to terminate the encroachment upon 90 days notice to the property owner. The City can only foresee
doing so in the event a public street is constructed in the future, which would then provide access to the
property.
SUPPORTING DOCUMENTS ATTACHED:
■ Site location map
■ Encroachment agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve an encroachment agreement for PID 118-500-341105 allowing private access within the
public right-of-way of 65th Street.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
ENCROACHMENT AGREEMENT
AGREEMENT made this day of , 2020, by and between the
CITY OF OTSEGO, a Minnesota municipal corporation ("City"), and CASEY
DARKENWALD, an individual person ("Owner").
1. BACKGROUND. Casey Darkenwald is the fee owner of certain real property
located in the City of Otsego, County of Wright, State of Minnesota, legally described as follows:
The East 392.10 feet of the Northeast Quarter of Section 34,
Township 121, Range 23, Wright County, Minnesota except the
North 1315.92 feet of said Northeast Quarter.
0
The West Half of the Northwest Quarter of Section 35, Township
121, Range 23, Wright County, Minnesota except the North 1316.03
feet and except the East 551.67 feet and except the South 33.00 feet
lying East of the West 180.00 feet of said Northwest Quarter.
The East 551.67 feet of the West Half of the Northwest Quarter of
Section 35, Township 121, Range 23, Wright County, Minnesota
lying south of the North 775.00 feet and north of the south 33.00 feet
and westerly of the westerly right of way of the State Highway No.
101.
having parcel identification number of 118-500-341105 ("Subject Property"). Owner desires to
construct a driveway and remove trees ("Improvements") on the Subject Property which will
encroach on the City's right-of-way as depicted on the sketch attached hereto as Exhibit A.
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2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment on its right-of-way for the installation of a driveway and removal of trees, subject to
the conditions set forth in this Agreement.
a) The City shall have no responsibility to maintain the driveway located within the City's
right-of-way.
b) The Improvements located on the Subject Property must not impact or increase water
drainage on the abutting properties or cause any adverse drainage patterns or erosion to the
abutting properties.
c) Owner shall construct all the Improvements consistent with all applicable federal, state,
and local laws and regulations subject to approval of the City Engineer.
d) Owner shall own and maintain the Improvements.
e) The driveway shall be constructed to a width not to exceed 20 feet at the location on the
Subject Property which is depicted on the attached Exhibit A.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach on the City's right-of-way, Casey Darkenwald, his successors and assigns, hereby agrees
to indemnify and hold the City harmless from any damage caused to the Subject Property, including
the driveway on the City's right-of-way, caused in whole or in part by the encroachment onto the
City's right-of-way.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the current owner of the Subject Property ninety
(90) days' advance written notice, except that no notice period will be required in the case of an
emergency condition as determined solely by the City; if an emergency condition exists, then the
City has the authority to terminate this Agreement immediately without notice. The property
owner shall remove the driveway by the effective date of termination of this Agreement. If the
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owner fails to do so, the City may remove the driveway and charge the cost of such removal to the
owner for reimbursement to the City.
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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CITY OF OTSEGO
Jessica Stockamp, Mayor
Adam Flaherty, City Administrator
STATE OF IvIINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2020, by Jessica Stockamp and Adam Flaherty, respectively the Mayor and
City Manager of the City of Otsego, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
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PROPERTY OWNER:
CASEY DARKENWALD
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2020, by Casey Darkenwald, an individual person.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
DSK/SNC
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EXHIBIT A
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