2000-08-01 Memo of Understanding Utility Placement
MEMORANDUM OF UNDERSTANDING
WRIGHT COUNTY SAP 86-618-07
UTILITY PLACEMENT - PAUL WELTER PROPERTY
The following is a Memorandum of Understanding between the County of Wright (hereinafter
referred to as "County"), Paul Welter (hereinafter referred to as "landowner") and Edina
Development Corporation (hereinafter referred to as "developer"). The purpose of this document
is to establish the terms and conditions for the placement of utilities by developer across private
property belonging to the landowner in an area which will eventually be County highway right-of-
way. Said terms and conditions are as follows:
1. As a part of its highway proj ect SAP 86-618-07, the County will be acquiring permanent
highway easements extending 65 feet from the centerline of currently existing County State Aid
Highway 18 (CSAR 18). It is expected that this acquisition will take place during the next six to ten
months.
2. Landowner agrees to grant a right of entry to developer for the purpose of excavating for
and installing and maintaining an eight inch sanitary sewer line as well as a twelve inch water main,
with both of said utilities to be installed in the area covered by the future County highway easement.
3. Developer agrees to install said utility pursuant to specifications provided by the City of
Albertville and according to the terms and requirements of any Wright County utility permit issued.
4. Developer agrees to a restoration of landowner's property disturbed by said installation
work, including a reseeding of areas as necessary for erosion control and replacement of crushed
granite on landowner's driveway.
5. The County agrees to compensate landowner for the permanent highway easement
acquired according to the fair market value of the property, based on land sales ofa similar type in
the area. Landowner does not waive any rights afforded to him under Minnesota law regarding
eminent domain, including the right to have the value of the taking determined by a panel of three
condemnation commissioners.
6. In the event that any additional temporary construction easement is necessary for the
utility installation work, outside the limits of the anticipated County highway easement, the granting
ofthat temporary construction easement and compensation to be paid to landowner for said easement
shall be a matter to be determined between the developer and the landowner.
7. The provisions ofthe Memorandum of Understanding shall pertain to that real property
owned by landowner as legally described on the attached Exhibit A.
8. The developer agrees to indemnify and hold the County and the landowner harmless from
all liability, claims, or actions relating to injury or damage to person or property that may, in any
manner, result from or arise out of the developer's activities under this Memorandum of
Understanding. Likewise, the County agrees to indemnify and hold the developer and landowner
harmless from all liability, claims, or actions relating to injury or damage to person or property that
may, in any manner, result from or arise out of the County's activities under this Memorandum of
Understanding.
9. This Memorandum of Understanding may be modified or amended in writing and shall
be signed by representatives of all parties.
COUNTY OF WRIGHT
Dated:
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Dated: ~ ~ cJ
EDINA DEVELOPMENT CORPORATION
Dated:
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Gary Rud , Superintende
NJL-28-00 FR; 12:54 PM WRIGHT ATTORNEY
FAX NO. 6126827700
P. 5
EXHIBIT A
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That part 'of the Northttagt Quat'tllr of the Southwest Quarter of Sectlon 2, jownship IZO,
Range 24. Wright County, Minne90t~. described 89 fol1o~s: Commencing at the southwest
corner of said N0rtheaet Quarter of the Sou~hwe9t Quarter; thence North 005 57' 34" Eaat,
assumed bearing. along the ~e9t 11ne of the Northeast Quarter of the Southwest Quarter, ~
distance of 300.00 feet to th@ actual point of beginning; chenCll continue Nanh 00557' :)4"
~a9t, along said West lin\l, ~ distance at 626.54 feet to the centerlin~ of County State Aid
Highway No. 118; thence South 455 01' 27>> East, along said centerline. a distance of 809.4)
feet to rhe 1nt@rsectlon of a line beRring North 84" 40' 31" East from thl! point of begtnntng
thence South 84.40' 31" West, 8 distance of 58;,&1 feet to the actual. po:lnt of b8g1nnin~.
Containing 4.19 acr~s. more Of Les;. Subject to easements, restrictions and reservatlo09
of record. if any.