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ITEM 4.1 Kittredge Crossings/DUP OtCI�ezoF MINNESOTA CDP DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: Planning REQUESTOR: City Planner Licht MEETING DATE: 24 October 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.1— Kittredge Crossings D/L) City Engineer Wagner City Attorney MacArthur AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of vacating a portion of existing drainage and utility easements within Kittredge Crossings 3rd Addition. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? No. I Yes. BACKGROUND/JUSTIFICATION: Benzinger Homes has constructed a twin home building on Lots 1 and 2, Block 6 of Kittredge Crossings 3rd Addition. Due to a surveying error, the building encroaches 3.1 feet into an existing drainage and utility easement. This drainage and utility easement overlays a City storm water pipe. City staff and the developer have discussed the following to resolve the encroachment issue: Vacation of the portion of the drainage and utility easement encroached upon by the principal building. ■ The developer will execute a hold harmless agreement to be recorded with the property indemnifying the City for any damage to the principal building that might occur should the storm water pipe ever need to be excavated. The developer will pay $3,125.00 to the Otsego Creek Fund for the City Engineer's estimated additional cost for a trench box that would be necessary due to the narrower drainage and utility easement if the storm water pipe ever needs to be excavated. The developer is agreeable to these terms. The City Attorney has drafted the hold harmless agreement that would be executed as a condition of vacating the portion of the existing drainage and utility easement. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Site Location B. Indemnification Agreement C. Resolution 2016-89 POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to adopt Resolution 2016-89 vacating a portion of existing drainage and utility easements within Kittredge Crossings 3rd Addition. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA o NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: Overview • 1118254003020 - , 1,18800261200' 11 80 261400 t 4 tv i4M[ F; It R 4 a if 11825400�0010 a ;: - `'r 1182540 110-1101 • y ILLJ Z uj r. > 118800264101 r�s-11'8192000010 `J r 11,8`1i92000030 11,8800264102 Q aC''• :` 74THeL 1,1�8225000010 F it TW_ 1,18800264103 _ -- 74STgNE _-- m = 118800264100 m�1422Q -E "KgLTq`ND CIR'-p 118800264104 {y ❑ SN E T ,. 1 ` 11,8.184000160 11'81,84000150 f 7 ItF 118.184000070 118800264400. m-71'S�T'ST'NE-� - _----- - 19�8184 = N Z; - 1 1181,84000 M m p 295 ft- Mill r7�;I? i Legend Roads — CSAHCL — CTYCL MUNICL PRIVATECL TWPCL Highways Interstate — State Hwy — US Hwy City/Township Limits c t OParcels AGREEMENT BETWEEN THE CITY OF OTSEGO AND ROOF DOCTOR, INC. REGARDING LOTS 1 AND 2, BLOCK 6, KITTREDGE CROSSINGS 3RD ADDITION THIS AGREEMENT made this _ day of October, 2016 by and between the City of Otsego (CITY), a Minnesota Municipal Corporation and Roof Doctor, Inc. (DEVELOPER), a Minnesota corporation. WHEREAS, DEVELOPER has constructed a building over and above an existing City drainage and utility easement overlaying a City storm water pipe; and WHEREAS, the property affected by this Agreement is legally described as follows: LOTS 1 and 2, BLOCK 6, KITTREDGE CROSSINGS 3RD ADDITION according to the Plat on file and of record with the Office of the County Recorder, Wright County, Minnesota; and WHEREAS, CITY has agreed to vacate that portion of the existing utility and drainage easement affecting the property in exchange for certain promises, assurances and payment of a certain sum by DEVELOPER. NOW, THEREFORE IT IS AGREED between the Parties as follows: 1. CITY shall vacate a 3.1 foot portion of the existing drainage and utility easement over which the building has been constructed. 2. DEVELOPER shall hold harmless, defend and indemnify CITY from any and all claims or causes of action of whatever nature related to the drainage and utility easement and the storm water pipe lying underneath the building, including but not limited to any and all damage to the principal building resulting from failure of the storm water pipe or from excavation required to maintain, repair or replace the storm water pipe. DEVELOPER shall pay $3,125.00 to the CITY Otsego Creek Fund, said amount being the estimated cost of a trench box that would be necessary in the event that CITY must excavate the storm water pipe in the future. 4. This Agreement shall be recorded against the property and shall run with the land and shall be binding upon DEVELOPER's assigns, heirs and successors in title. 5. In the event of violation of the terms and conditions of this Agreement by DEVELOPER or its successors, CITY may enforce this Agreement by seeking judicial remedy in the Wright County District Court and DEVELOPER or its successors shall be responsible for any and all costs and disbursements incurred by the CITY including reasonable attorney's fees. 6. This Agreement shall be construed and enforced under the laws of the State of Minnesota. Dated: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk Dated: DEVELOPER ROOF DOCTOR, INC. By: Its STATE OF MINNESOTA ) ) ss COUNTY OF WRIGHT ) Subscribed and sworn before me this _ day of October, 2016 by Jessica Stockamp, Mayor and Tami Loff, City Clerk of the City of Otsego, A Minnesota municipal corporation with authority and on behalf of the City. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss COUNTY OF Subscribed and sworn before me this _ day of October, 2016 by the a Minnesota corporation with authority and on behalf of the corporation. NOTARY PUBLIC 3 of Roof Doctor,lnc. DRAFTED BY: Andrew MacArthur MACARTHUR LAW OFFICE, LLC 3601 Thurston Ave. N. Suite 103 Anoka, MN 55303 763-231-5850 RESOLUTION NO.: 2016 -89 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY EASEMENTS WITHIN KITTREDGE CROSSINGS 3RD ADDITION. WHEREAS, the City of Otsego approved a final plat for land legally described as Lot 2, Block 6, Kittredge Crossings 3`d Addition, City of Otsego, Wright County, State of Minnesota; and, WHEREAS, the Kittredge Crossings 3`d Addition Final Plat included dedication to the City of drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance; and, WHEREAS, Benzinger Homes has constructed a principal building upon the subject site that encroaches 3.1 feet into a portion of the drainage and utility easements dedicated over the subject site with the Kittredge Crossings 3rd Addition Final Plat; and, WHEREAS, Benzinger Homes has applied for vacation of a portion of the drainage and utility easements dedicated with the previously approved final plat encroached upon by the principal structure constructed on the subject site as described by Exhibit A; and, WHEREAS, the City Council held a public hearing at their regular meeting on 24 October 2016 to consider the vacation, preceded by required published and mailed legal notice; and, WHEREAS, the Request for Council Action dated 24 October 2016 prepared by the City Planner, The Planning Company LLC, is incorporated herein; and, WHEREAS, the City Council heard all parties interested therein and closed the public hearing; and, WHEREAS, the City Council having considered all information received related to the proposed vacation and easement dedication finds that vacating a portion of the existing right-of-way as described by Exhibit A would be in the public interest; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that Otsego hereby orders: That the drainage and utility easement located in the City of Otsego, Wright County, State of Minnesota described by Exhibit A is hereby vacated. 2. The vacation of said drainage and utility easement is contingent upon the developer paying an additional Stormwater Fee to Otsego Creek of $3,125 for additional costs the City may incur to for excavation within the remaining and utility easement dedicated upon the subject site. 3. The developer shall execute a hold harmless agreement to be recorded with the deed to the subject site indemnifying the City for any damage to the principal building that may occur as a result of excavation within the remaining drainage and utility easement dedicated upon the subject site. 4. The City Council hereby determines that the vacation of said drainage and utility easement shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 24t" day of October, 2016. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO Jessica L. 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