2003-04-25 Vacation/Drainage Agreement
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AGREEMENT TO PAY COSTS ASSOCIATED WITH
VACATION OF DRAINAGE EASEMENT
WHEREAS, P.l. Norby ("Petitioner") has petitioned the City of Albertville ("City") to
vacate an drainage easement that currently exists on his property located at 10354 Karston,
Albertville, Minnesota and legally described as Lot 2, Block 3 Cedar Creek South Third
Addition, Wright County, Minnesota. The location of said drainage easement is described
as follows: See attached Exhibit A;
WHEREAS, Petitioner desires that the City issue a building permit for the
construction of a swimming pool over the location of said drainage easement while the City
processes his Petition for Drainage Easement Vacation due to the pool construction
company's tight construction schedule;
WHEREAS, the City routinely denies the issuance of a building permit until such
time as any drainage easements which may be affected by the proposed construction are
vacated;
WHEREAS, the City desires that the Petitioner pay the costs incurred by the City in
processing the request for said drainage easement vacation including, but not limited to,
compensation paid to the owners whose property may be affected by the vacation, the City's
attorney fees, administrative costs, publishing costs, surveying costs, appraisal costs, and
such other professional costs deemed necessary by the City for the drainage easement
vacation;
WHEREAS, the City requires the Petitioner post a bond or other security acceptable
to the City for the total estimated damages and costs before the City Council takes action on
the petition;
WHEREAS, the City estimates that the total damages associated with the vacation
of the drainage easement to be approximately $500;
WHEREAS, Petitioner has agreed to pay the costs incurred by the City In
processing the request for said drainage easement vacation;
NOW, THEREFORE, the City of Albertville and Petitioner, P.l. Norby, agree as
follows:
1. The City shall process the petItIon for the vacation of drainage easement that
currently exists on Petitioner's property located at 10354 Karston, Albertville,
Minnesota and legally described as Lot 2, Block 3 Cedar Creek South Third
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Addition, Wright County, Minnesota. The location of said drainage easement is
described as follows: See attached Exhibit A;
2. The City will issue Petitioner a building permit for the swimming pool proposed to
be located on his property conditioned on the following:
a. Should the City deny Petitioner's request for the drainage easement vacation
that Petitioner shall immediately cease all work on the proposed swimming
pool and within thirty days:
1. Remove any and all obstructions that may exist on the property subject
to the drainage easement as shown on attached Exhibit A; and
2. Restore the grading of the property to the condition it existed prior to
construction.
b. Should the City approve Petitioner's request the drainage easement vacation,
Petitioner shall grant to the City an alternate location for a utility and drainage
easement over the property at a location and configuration to be determined
by the City Engineer. Petitioner shall, at his sole expense, perform any
grading work that may be necessary to prepare the property for the new
proposed utility and drainage easement. Said work to be inspected and
approved by the City Engineer.
3. Petitioner shall reimburse the City of Albertville for its out-of-pocket costs incurred
in processing this Petition for Drainage Easement Vacation including, but not limited
to, compensation paid to the owners whose property may be affected by the vacation,
the City's attorney fees, administrative costs, publishing costs, surveying costs,
appraisal costs, and such other professional costs deemed necessary by the City for
either processing the drainage easement vacation request and/or enforcing the terms
of this agreement;
4. Petitioner understands that this agreement shall in no way obligate the City to
approve said drainage easement vacation request;
5. Petitioner shall pay in full all bills submitted to him by the City for obligations
incurred under this agreement within thirty (30) days after receipt. If Petitioner
fails to pay said bill within thirty (30) days, then the City may specially assess
such costs against the property and/or take necessary legal action to recover such
costs and the Petitioner agrees that the City shall be entitled to attorneys fees
incurred by the City as a result of such legal action. Petitioner knowingly and
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voluntarily waives all rights to appeal said special assessments under Minnesota
Statutes section 429.081;
6. Petitioner shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting
from the vacation of said drainage easement if granted, as well as from the denial of
the vacation of said drainage easement. Further, Petitioner shall indemnify the City
and its officers and employees for all costs, damages and expenses which the City
may payor incur in consequence of such claims, including attorney's fees.
7. If any provision contained in this Agreement is held invalid, the validity of the
remainder of the Agreement shall not be affected thereby.
Dated: C{;jvu.0 c5Zol :2?JC3
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CITY OF ALBERTVILLE
PETITIONER
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Donald Peterson
Mayor
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Linda Goeb
City Clerk
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C\Bob\Albertville\Norby\Agreement for Expenses.doc
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Al~r 24 03 09: 23a
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FAX NO. : 6126829492
~pr. 21 2003 09:33AM Pl
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