RES 2024-16 Approving an Encroachment Agreement for Wright-Hennepin Maciver SubstationCITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2024-16
APPROVING AN ENCROACHMENT AGREEMENT FOR
WRIGHT-HENNEPIN MACIVER SUBSTATION
WHEREAS, Wright -Hennepin Cooperative Electric Association ("Wright -Hennepin") is proposing subdivision
of a lot and public right-of-way and development of an electric substation; and
WHEREAS, a final plat for the subdivision and a Conditional Use Permit for the electric substation was
approved by the City Council on 22 January 2024; and
WHEREAS, Wright -Hennepin intends to utilize public -right-of-way dedicated with the plat of Maclver
Substation for use in locating electric utilities and for a private gravel access driveway until such a time as
the City constructs a public street; and
WHEREAS, the conditions of the approval for the electric substation require Wright -Hennepin to enter into
an encroachment agreement regarding utilization of the public right-of-way prior to construction of a public
street; and
WHEREAS, those rights, responsibilities, and obligations regarding encroachment upon the public right-of-
way by Wright -Hennepin are outlined and memorialized in the attached Encroachment Agreement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Encroachment Agreement attached hereto between the City of Otsego and Wright -Hennepin
Cooperative Electric Association is hereby approved inform subject to modification of fees, charges,
and securities as approved by City staff.
2. The Mayor and City Clerl< are hereby authorized to execute the Encroachment Agreement on behalf
of the City of Otsego.
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ADOPTED by the City Council of the City of Otsego this 22�d day of January, 2024.
MOTION BY: Dahl
SECONDED BY: Goede
IN FAVOR: Stockamp, Dahl, Dunlap, Goede, and Moores
OPPOSED: none
CITY OF OTSEGO
ATTEST:
Audra Etzel, City Clerl<
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ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT, made this _day of ,
2024, between WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION, a
cooperative organized under the laws of the State of Minnesota (hereinafter called "Wright -
Hennepin"), and the CITY OF OTSEGO, a Minnesota municipal corporation (hereinafter called
110ty II).
WITNESSETH
WHEREAS, the City owns right of way over the following described property (hereinafter
called "Right of Way"), Wright County, Minnesota:
Right of Way for MacIver Avenue as depicted on the plat of
MacIver Substation
WHEREAS, Wright -Hennepin owns real property located adjacent to Right of Way, as
legally described in Exhibit ("Wright-Hemlepin Parcel"), and wishes to install private
improvements and electrical transmission facilities which will encroach upon and within Right of
Way.
WHEREAS, the Wright -Hennepin Parcel will be developed for the operation of an electric
substation.
NOW, THEREFORE, the City does hereby grant unto Wright-Hemlepin the right to
encroach upon, occupy and to use, in the manner hereinafter specified, the portion of the Right of
Way depicted in Exhibit "A" attached hereto and made a part hereof, hereinafter called the
"Encroachment Area". Such Encroachment Area is limited to 20 feet in width for the driveway
encroachment corridor and 15 feet in width for the utility encroachment corridor as depicted on
Exhibit A.
1. The rights of encroachment herein granted shall be limited to the use by Wright -
Hennepin of the Encroaclunent Area for the purpose of constructing, maintaining,
and replacing, if necessary, underground electric transmission service lines running
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along the west edge of the Right of Way froin the substation, and to the
construction and maintenance of a private gravel surface access driveway
'Improvements"), The Improvements shall be installed and constructed consistent
with all applicable federal, state and local regulations. The Improvements shall be
installed in accordance with plans approved by the City Engineer,
2. Wright -Hennepin shall install a security gate across the private gravel surface
access driveway to restrict access to authorized vehicular use only.
3. Wright -Hennepin shall install a secured key safe ("Knox Box") at the gate entrance
to the private gravel surface access driveway to allow City staff and or emergency
vehicles access to the private gravel surface access driveway.
4. Wright-Hemlepin may, at its discretion, grant access to the private surface access
driveway to Wright County Property Identification Numbers 118-500-183201 and
118-5004 83200 ("Abutting Properties") legally described in Exhibit "C" attached
hereto and made a part hereof through license agreements which shall terminate
upon termination of this Agreement.
5. Improvements located within the Encroachment Area shall not impact or increase
water drainage on Abutting Properties or cause any adverse drainage patterns or
erosion to the Abutting Properties,
6. Wright-HemZepin accepts the Encroachment Area in its present condition without
any promises, agreements, or obligations on the part of the City to make any
improvements or repairs thereon.
7. Wright -Hennepin shall, at its expense, maintain the Encroachment Area in a clean,
Sulu, neat working order, condition, and repair.
8. The City shall take ownership of the driveway improvements within the
Encroachrrrent Area, and, at the City's sole cost and expense, may relocate or
remove any of Wright-Hemlepin's Improvements within the Encroachment Area
that may conflict with the future construction of a public street within the Right of
Way. In the event of such relocation or removal of Wright-Hemlepin's
Improvements, the City shall provide reasonable advance notice thereof to Wright -
Hennepin to minimize the disruption of electric service.
9. Except as otherwise stated in Section 8 of this Agreement, Wright -Hennepin agrees
to assume all liability and to indemnify and compensate the City for any injury or
damage to persons or property, including the City's property or employees,
occasioned by, or arising in connection with the use of the Encroachment Area by
Wright -Hennepin, its employees or agents, and Wright -Hennepin further agrees to
defend, indemnify and hold the City harmless against all actions, claims, damages,
or demands which may be brought or made against the City by reason of anything
done by Wright -Hennepin, its employees or agents, in the exercise or purported
exercise of the rights, privileges and duties herein granted.
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10. Wright -Hennepin shall maintain primary insurance coverage protecting it and the
City on first dollar coverage from claims for damages because of bodily injury,
including death, and property damage which may arise both out of and during its
use and occupancy of the Encroachment Area under this Agreement, whether such
use and occupancy be by itself or by any licensee, agent, employee, contractor, or
anyone directly employed by any of them, and such insurance shall be written for
not less than the following limits for any one person or occurrence (which may be
increased in a reasonable amount from time to time by the City):
Bodily injury $1,000,000 each person
$1,000,000 each occurrence
Property damage $1,000,000 each occurrence
$1,000,000 aggregate
11. Wright -Hennepin agrees to provide the City with a Certificate of Insurance, ut?on
re nest, fiilfilling the insurance obligations as stated herein upon demand. The City
shall be included on the certificate of insurance by endorsement.
12. The City shall have the right to terminate this Agreement as to all or any part of the
Encroachment Area at any time and without cause, effective upon 60 days written
notice to Wright -Hennepin. Wright -Hennepin is responsible for restoring the
Encroachment Area to its original condition within the notice period, except in the
event the termination is due to the City of Otsego's construction of a public street
within the Right of Way. If the termination of this Agreement is due to the City of
Otsego's construction of a public street within the Right of Way and the City
determines, in its sole discretion, that it is not necessary to relocate Wright-
Henlepin's facilities within the Right of Way in order to accommodate construction
of the public street, then Wright-Hennepin's facilities may remain in place within
the Right of Way pursuant to a permit issued to Wright-Hermepin by the City under
the City's Right of Way Management Ordinance. The City may elect to waive the
fee for issuance of this permit.
13. Wright -Hennepin further agrees to reimburse City of Otsego for all costs, including
attorneys' fee, incurred by City of Otsego, and arising out of any failure by Wiight-
Hennepin to keep and perform any and all of the covenants and agreements
contained herein. The City agrees to reimburse Wright -Hennepin for all costs,
including attorneys' fees, incurred by Wright -Hennepin, and arising out of any
failure by the City to keep and perform any and all of the covenants and agreements
contained herein.
14. All notices, demands and other communications required or permitted to be given
pursuant to this Agreement shall be in writing and shall be considered to have been
duly given or served if sent by first class, certified, or registered mail, return receipt
requested, postage prepaid, to the party at its address set forth below or to such
other address as such party may hereafter designate by written notice to the other
party.
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15. If to Wright -Hennepin: Wright-Hemlepin Cooperative Electric Association
Attn: Curt Cordt
8600 Electric Drive
Rockford, Minnesota 55373
If to City: Otsego City Hall
Attn* Adam Flaherty, City Administrator
13400 901h Street NE
Otsego, MN 55330
16. This Agreement is made and executed under the laws of Minnesota and is intended
to be governed by the laws of said State.
17. The unenforceability or invalidity of any provisions hereof shall not render any
other provision or provisions herein contained unenforceable or invalid.
18. This Agreement shall inn with the land and shall be recorded against the title to the
Wright Hennepin Parcel,
IN WITNESS WHEREOF, Wright-Hemlepin Cooperative Electric Association and City
of Otsego have caused this Agreement to be executed as of the day and year first above written.
[Ren�ainder• of page is intentionally left blank.
Signature pages to follow.
C!
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WRIGHT-HENNEPIN COOPERATIVE
ELECTRIC ASSOCIATION
Curt Cor
Director of Engineering
As, Authorized Agent for Wright -Hennepin
Cooperative Electric Association, a cooperative,
organized under the laws of the State of
Minnesota
STATE OF MINNESOTA )
) SS.
COUNTY OF WRIGHT)
The foregoing instrument was acknowledged before me this day of
2024, by Curt Cordt, personally Imown to me to be the Director of
Engineering as, Authorized Agent for WRIGHT-HENNEPIN COOPERATIVE ELECTRIC
ASSOCIATION, a cooperative organized under the laws of the State of Minnesota, on behalf of
said entity.
Notary Public
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CITY OF OTSEGO
By:Akz1 , `t 1
k,lessica Stockamp, Mayor
And
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
Audra Btzel, C;1ty C;lerlc
The foregoing instrument was acknowledged before me this day of
A-L j , 2024, by Jessica Stockamp and Audra Etzel, respectively the Mayor and
City Cleric kf the City of Otsego, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
Notary
DRAFTED BY:
CAD'IPBELL KNiJTSON,
Professional Association
Grand Oak Office Center I
360 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
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EXHIBIT A
PRELIMINARY PLAT
OF
MACIVER SUBSTATION
LEGEND
APPLICANT / ME.n PER
WRIGHT NENN UccrRAC AssdcuWN
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ROCKFORD MR 65JA
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r GUY How
That part or the Northwest Quarter of the Southwest Quarter of Section iB Township
OVERHEAD EUDIRM
121, Range 23, Wright County, Minnesota, described as follows: Beginning at the
northwest comer or sold Northwest Ouorter or the Southwest Quarter, thence South 00
m,/ gpyy RlyRs
W minutes 13 seconds West, assumed baci along the west line or said
Northwest
wo Wader e1 the Southwest ader,north adistance r reel the
MIUMINauS SURFACE
t of a
with the south line or the es
a�wle Northwest
Sold Quarter or
iWe
Southwest Qaarter. a ht anglto
a right
end e m t rEpnt angle north Imo thereof, thence
the
So89dog sN' m00 0s
South B9 along said mouth fine a of
6 Merge degreesUseconds
North North 0 ut minutesei3seconds distance r 180.00et
dis a eoof
et; theeh
feelµ en artn 27
minutes I0 a pep a unter, fee
k e north5line f id Northeast
a Quarter oftheSouthwest Counter, tnefC2 North
en m Nort
said ands
es
52 minutes 53 seconds weal along saidnorthfine. o distance o 2JO.W reef
W
to then
e he point a/ beginning.
and
Section IS, Township
That part of the Northwest Quarter of the Southwest Quarter ofCommencing
Range 23,Wrightuny, Minnesota, described an follows : omme ng 1 the
northwest camer or Sold NorNwesl Walter Ore e Southeast Waiter.. eta'„ South00
minutes 03 13 Seconds West, assume bearing, along Ins line o so
em
Northwest Quater of the Southwest Quarter, a distance Jo.W last to the
mroraemion w, the apu tine a the north MO fear f said Northwest e
Me Southwest Quarter, a measured at o right angle to the north lino error. Id
point being the point Of beinning f the pamelle to he deecabee; thence South 69
z 2 mutes 53 seconds East, lane as fine, distance of 140.W fast;
W degrees canoes 1 cones west a distance of 50.W reef. thence
Men" Soudegrees
North 6 eg es 52 minutes 53 secondseWast a distance r 60.00 feet, thence South
0 1W 2W ]W
minutes siof4.14 fast tdegthnese0 line
of olio 5orrthweWader oSeconds
the Southwest Owne nce North a9
West. long said south Iles a datanee o 80.00 rot to the
GRAPHIC SCA EIN FEET
southwest comerool sold Northwest Quarter of the Southwest Quarter; thence North 00
green W iutes 13 seconds fast, plans the west line of said Northwest Waller of
the Southwest Quarter, a dstance or SWISS feet to the point or beginning.
O OFNOTES IRON MONUMENT SET
DENOTES WON MONUMENT FOUND
and
® DENOTES CAST -IKON MONUMENT FOUND
The orth 46).W feet or the went 465.00 rot or the Southwest Quarter of the
Southwest Quarter of Section 18. Township 121, Range 23, Wright County, Minnesota, as
measured at right angles to the north an west linethereof..
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VICINITY MAP
SECTION iB T. 121, R. 2J, WRM:M COUNTY. MN
(NO SCALE)
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202J, Commilmenl Number 68]044, 66SON, 66Jo55.
2. Erlanng ufilides are show accerdmg to observed evidence
any. A hen-aaearather mniy lacing was Modeled were
Sloe tie Call Tinker No. 2J 15f045B). Na es re
rketl on the grountl yu ant 0 Ire lock mugsl.
Loofbn I tunpersround ull0ltes shown hereonI be
guaroeeed o . accurate or a-tlinalusHe. Rt locations
comk y n�nucasese lne pro cak correctrequests or othvue to �easons. response
Contact
Gopher Sta(a One Call prior to assumption.
J. Rv)ecl Benchmark: MN/DOT Geodetic Monument TURN-.
Elempinn a 956.54 (NAVO 66 Datum)
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Ucense No. 8664
EXHIBIT "B"
Legal Description of Wright -Hennepin Parcel
Lot I, Block I, MacIver Substation, Wright County, Mirmesota, according to the
recorded plat thereof.
EXHIBIT
Legal Descriptions of Abutting Property Owners
With Access to the Private Gravel Surface Driveway
PID 118-500-183201
The North 20 rods of the West 48 rods of of the Northwest Quarter of the Southwest Quarter of
Section 18, Township 121, Range 23, Wright County, Minnesota,
Abstract Property
PID 118-500-183200
The Northwest Quarter of the Southwest Quarter of Section 18, Township 121, Range 23,
Wright County, Minnesota,
EXCEPT that part of the Northwest Quarter of the Southwest Quarter of Section 18, Township
121, Range 23, described as follows:
Commencing at the Northwest corner of said Northwest Quarter of the Southwest Quarter;
thence East along the North line of said Northwest Quarter of the Southwest Quarter a distance
of 792 feet$ thence South at right angles a distance of 330 feet, thence West at right angles a
distance of 792 feet, more or less, to the West line of said Northwest Quarter of the Southwest
Quarter; thence North along said West line of the Northwest Quarter of the Southwest Quarter a
distance of 330 feet to the place of commencement.
EXCEPT that part of the Northwest Quarter of the Southwest Quarter of Section 18, Township
121, Range 23, Wright County, Minnesota, described as follows;
Commencing at the Northwest corner of said Northwest Quarter of the Southwest Quarter;
thence East along the North line of said Northwest Quarter of the Southwest Quarter distance of
792 feet to the point of beginning of the land to be described; thence at right angles South 260
feet; thence Easterly parallel with the North line of said Northwest Quarter of the Southwest
Quarter a distance of 322 feet; thence North at right angles a distance of 260 feet to the North
line of said Northwest Quarter of the Southwest Quarter; thence West along said North line 322
feet to the point of beginning.
[Abstract Property]
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