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:
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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. Stockamp, Mayor
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