RES 2026-39 Approving an Encroachment and Maintenance Agreement Riverwood NationalCITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2026-39
APPROVING AN ENCROACHMENT AND MAINTENANCE AGREEMENT
RIVERWOOD NATIONAL
WHEREAS, the Riverwood National plat includes public right-of-way with three center medians located at the intersections
of Kadler Avenue and 90th Street; Kadler Avenue and 93d Street; and Kagan Court south of 90th Street; and
WHEREAS, the improvements, including signs and landscaping, have been established within these medians; and
WHEREAS, the improvements are maintained by the Riverwood Homeowners Association; and
WHEREAS, no easement or other agreement exists for the improvements to be located within public right-of-way; and
WHEREAS, the City has determined a need for the Riverwood Homeowners Association to enter into a median
encroachment and maintenance agreement to provide the City guaranties for the maintenance of the improvements,
remove the City from any liabilities related to the improvements, and to provide the City various remedies in the event
that the improvements are not maintained; and
WHEREAS, those obligations are outlined and memorialized in the attached Median Encroachment and Maintenance
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Median Encroachment and Maintenance Agreement attached hereto between the City of Otsego and Riverwood
National Homeowners Association, Inc. is hereby approved in form subject to modification of as approved by City
staff.
2. The Mayor and City Clerk are hereby authorized to execute the Median Encroachment and Maintenance Agreement
on behalf of the City of Otsego.
1
ADOPTED by the City Council of the City of Otsego this 11th day of May, 2026.
MOTION BY: Dunlap
SECONDED BY: Tanner
INFAVOR: Stockamp, Dunlap, Goede, Lund, and Tanner
OPPOSED: none
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
(reservedfor recording information)
MEDIAN ENCROACHMENT AND MAINTENANCE AGREEMENT
AGREEMENT made this day of , 2026, by and between the CITY OF OTSEGO,
a Minnesota municipal corporation ("City"), and RIVERWOOD NATIONAL HOMEOWERS
ASSOCIATION, INC., a Minnesota non-profit corporation, ("Riverwood National HOA").
I. BACKGROUND.
The City owns easements for right of way purposes within the plat of Riverwood National Second
Addition ("Easement Areas") as identified hi the plat of Riverwood National, filed in the Office of the County
Recorder, Wright County, Minnesota as Document No. 903454. Riverwood National HOA owns and maintains
monument signs and landscaping within median islands ("Improvements") installed within 90th Street, 93rd Street,
and Kagen Court N.E. as part of the development of Riverwood National. The Improvements encroach on the
City's Easement Areas.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its
Easement Areas subject to the conditions set forth in this Agreement. Further conditions of encroachment
approval are:
a. City shall be responsible for the one-time removal of existing spirea and day lily plantings within
Improvements.
b. City shall be responsible for the one-time procurement of granite landscape rock and single occurrence
installation of granite landscape rock within the Improvements.
c. Riverwood National HOA shall own and maintain monument signs, remaining landscaping, and the
granite landscape rock installed by the City within the Improvements.
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d. Riverwood National HOA shall be responsible for the future maintenance, repair, removal, or replacement of
monument signs, remaining landscaping, and granite landscape rock installed by the City within the
Improvements.
e. Installation of any additional plantings within the Easement Area, including replacement of remaining
landscaping, shall be subject to review and approval of the Zoning Administrator.
f. The City shall have no responsibility to maintain the remaining landscaping or granite landscape rock
installed by the City within the Improvements.
g. The City shall have no responsibility to replace or maintain the monument signs located within the
Improvements.
Riverwood National HOA, its successors or assigns, shall include the terns of this Agreement in any
future Declarations that assign responsibility for the ownership and maintenance of the monument signs,
remaining landscaping, and granite landscape rock within the Improvements to the Riverwood National IIOA.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the
City's Easement Areas, Riverwood National HOA, for itself, its successors and assigns, hereby agrees to indemnify
and hold the City harmless from any damage caused to the Improvements relating to or arising out of the City granting
permission to encroach within the City's Easement Areas. Riverwood National HOA, for itself, it successors and
assigns, hereby agrees to indemnify and hold the City harmless from any damage caused to the Improvements relating
to or arising out of the City's one-time installation of granite landscape rock within the Improvements.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this
Agreement at any time by giving the then owner of the Property thirty (30) days advance written notice, except that
no notice period will be required in the case of an emergency condition as determined solely by the City and the
Agreement may then be terminated immediately. If Improvements interfere with the use, maintenance, or repair of
the Easement Areas, Riverwood National HOA shall remove the Improvements at Riverwood National HOA's sole
expense. If the Improvements must be replaced, replacement shall occur at Riverwood NationalHOA's sole expense,
and shall comply with all terms of this Agreement. If the Riverwood National HOA fails to remove the Improvements
as directed, the City may remove the Improvements, and assess the cost of removal back to the Riverwood National
HOA for reimbursement.
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S. RECORDING. This Agreement shall run with the land and shall be recorded against the title to
the Subject Property.
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CITY OF OTSEGO
By
(SEAL) Jessica Stockamp, Mayor
:_S4I
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
Audra Etzel, City Cleric
The foregoing instrument was acknowledged before me this day of , 2026,
by Jessica Stockamp and by Audra Etzel, respectively the Mayor and City Clerk of the City of Otsego, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
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RIVERWOOD NATIONAL
HOMEOWNERS ASSOCIATION, INC.
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
[print name]
[title]
The foregoing instrument was acknowledged before me this day of , 2026, by
the of Riverwood
Homeowners Association, Inc., a Minnesota non-profit corporation, on behalf of said entity.
Notary Public
DRAFTED BY:
CAWBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
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