ITEM 3.12 Agreement with Residents for City vehicle turn around0 tSTe F(r/'J�O
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Legal
Andy MacArthur, City Attorney
November 14, 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent Agenda
Interim City Administrator
3.12
AGENDA ITEM DETAILS
RECOMMENDATION: Staff recommends that the City Council approve the attached form agreement between
the City and certain property owners on 62nd Street allowing for City vehicle turn around in private
driveways.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes.
No.
BACKGROUND/JUSTIFICATION:
The City has been providing limited maintenance and snowplowing to this street for a period of time. A
proposed improvement project was reviewed about ten years ago wherein the street would be
appropriately sized, provided curb and gutter and a turn- around would be constructed. This project was
never completed due to the cost and residents resistance to supplying needed easements. A turn-
around would impact the yards, mailboxes and driveways of the property owners at the end of the
street.
The matter was recently brought up again and reviewed by the City public works subcommittee. The
City Street Operations Manager indicated that the City could continue at its present state of
maintenance and snow plowing so long as the City could continue using private driveways to turn
around at no risk. City staff recommended and the subcommittee approved continuing minimal
maintenance and snowplowing subject the property owners signing an agreement to hold harmless the
City from any liability for such use.
The attached Agreement is in blank form and would be agreement that would be signed by all individual
property owners.
SUPPORTING DOCUMENTS: xo ATTACHED ❑ NONE
• Proposed Agreement with 62nd Street residents.
• Exhibit
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve the form Agreement regarding liability for City use of private driveways on 62nd
Street.
BUDGET INFORMATION
FUNDING: �` � - ��� uLL � __ V BUDGETED: ❑YES
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
AGREEMENT BETWEEN CITY OF OTSEGO AND PROPERTY OWNERS ON 62ND STREET REGARDING USE
OF DRIVEWAYS FOR TURN AROUND OF CITY EQUIPMENT
THIS AGREEMENT made this _ day of November, 2016 by and between
(PROPERTY OWNERS) and the City of Otsego (CITY), a Minnesota municipal corporation.
WHEREAS, PROPERTY OWNERS desire continued City snowplowing of the street; and
WHEREAS, there is insufficient area for City vehicles to turnaround within the existing right of way; and
WHEREAS, PROPERTY OWNERS desire that City vehicles use their existing driveways to turn equipment
around in order to facilitate snowplowing; and
WHEREAS, this Agreement affects that real property in Wright County, Minnesota described as follows:
(See Exhibit A).
NOW, THEREFORE IT IS AGREED between the Parties as follows:
PROPERTY OWNERS hereby agree to grant to CITY a perpetual right of entry and right of
trespass over their driveway as depicted on attached Exhibit A for purposes of turn around and
maneuvering of CITY snow removal equipment.
PROPERTY OWNERS agree to waive any and all claims of any nature and hold harmless and
indemnify the CITY its officers, employees, agents or contractors from any and all claims or
causes of action of whatever nature related to and arising from CITY use of the driveway as
designated, except for claims arising from intentional or grossly negligent actions of the CITY its
officers, employees agents or contractors. The above includes, but is not limited to any property
damage and damage to the driveway or lawn area.
This Agreement runs with title to the property and is a continuous obligation of heirs, devisees,
assignees and successors in title to the property and shall be recorded against the benefited
property.
4. This Agreement is to be construed under the laws of the State of Minnesota and may be
enforced through the Minnesota District Court in Wright County, Minnesota. In the event that
the City is required to take action to enforce the terms and conditions of this Agreement,
PROPERTY OWNERS shall pay all costs incurred by CITY in enforcing the Agreement including
reasonable attorney's fees.
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
PROPERTY OWNERS