Item 3.7 Ashwood 3rd Addition Outlot C Right of Entry Agreement
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 22 June 2026
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Engineer Wagner
3.7 – Ashwood 3rd Addition
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative communication.
X Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and expectations in a
cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommend the City Council adopt a resolution approving an encroachment agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes
BACKGROUND/JUSTIFICATION:
Ashwood 3rd Addition was recorded on 21 March 2022. The final plat includes Outlot C, Ashwood 3rd Addition
encompassing stormwater basins, wetlands, and wetland buffers that were deeded to the City for stormwater
management purposes. Property owners abutting the outlot have requested approval to enter onto Outlot C,
Ashwood 3rd Addition to remove down or dead vegetation. The City Attorney has drafted a Right of Entry Agreement
to temporarily allow a contractor hired by the property owners to enter onto the City property and complete the
scope of work. The contractor has executed the agreement.
SUPPORTING DOCUMENTS ATTACHED:
• Resolution 2026-48
• Right of Entry Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2026-48 approving a Right of Entry Agreement for Outlot C, Ashwood 3rd Addition.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 701 – Development Escrows
N/A
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2026-48
APPROVING A RIGHT OF ENTRY AGREEMENT
OUTLOT C, ASHWOOD 3RD ADDITION
WHEREAS, the City owns Outlot C, Ashwood 3rd Addition for stormwater management purposes; and
WHEREAS, a final plat for the development was approved on 27 September 2021 by the City Council and was recorded on 21
March 2022 with Wright County; and
WHEREAS, property owners abutting Outlot C, Ashwood 3rd Addition are desirous of entering upon the property for the
purpose of removing down, dead, and dying trees and vegetation; and
WHEREAS, the property owners have contracted with Hard Knock Tree LLC for the purpose of undertaking this scope of work.
WHEREAS, the City Attorney has drafted the attached Right of Entry Agreement to allow Hard Knock Tree LLC temporarily
upon Outlot C, Ashwood 3rd Addition for this purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Right of Entry Agreement attached hereto between the City of Otsego and Hard Knock Tree LLC is hereby
approved in form.
2. The Mayor and City Clerk are hereby authorized to execute the Right of Entry agreement on behalf of the City of
Otsego.
(remainder of page blank signatures follow)
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ADOPTED by the City Council of the City of Otsego this 22nd day of June, 2026.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
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RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT (“Agreement”), is made this ____8th_____
day of ____June_______, 2026, by and between the CITY OF OTSEGO, a Minnesota municipal
corporation (“City”) and HARD KNOCK TREE LLC, a Minnesota limited liability company
(“Grantee”).
RECITALS
A. The City is the fee owner of certain real property located in the City of Otsego,
County of Wright, State of Minnesota (PID: 118367000030) legally described as Outlot C,
Ashwood 3rd Addition, Wright County, Minnesota, according to the recorded plat thereof (the
“Subject Property”); and
B. The Grantee has been hired as a contractor for Ashwood Development, LLC, a
Minnesota limited liability company (“Developer”), to remove dead and leaning trees adjacent to
and within the pond area and to remove debris from the pond area located on the Subject Property
(the “Permitted Use”).
C. The City is willing to allow Grantee to engage in the Permitted Use according to
the terms and conditions provided in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained in
this Agreement, the parties agree as follows:
1. Right of Entry. The City authorizes Grantee, its employees, agents, or contractors,
to enter upon the Subject Property, without charge, beginning on ______________, 2026 during
the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. Grantee’s right of entry shall
automatically terminate at 7:00 p.m. on ___________, 2026 (the “Termination Date”). There shall
be no renewal of this Agreement. If the Permitted Use is not completed by the Termination Date,
a new right of entry agreement shall be required.
2. Permitted Use. The Permitted Use includes the right to enter onto and temporarily
occupy the Subject Property for the sole purpose of accessing the Subject Property, to remove dead
and leaning trees around the wet pond area and removal of debris from the wet pond area located
on the Subject Property and to bring such equipment onto the Subject Property as is commercially
reasonable for this purpose. The Permitted Use does not give Grantee the right to trespass on the
Subject Property or to exceed the scope of the Permitted Use.
3. Responsibilities of Grantee. The Permitted Use within the Subject Property shall
not impact or increase water drainage on the abutting properties or cause any adverse drainage
patterns or erosion to the abutting properties. Grantee shall make all reasonable efforts to minimize
any conflicts with the City’s or public’s use of the Subject Property. Grantee shall, at its sole
expense, keep the Subject Property in a neat, clean and safe condition and will not make any
alterations to the Subject Property without the prior written approval of the City. Grantee shall, at
its sole expense, remove all equipment from the Subject Property and restore the Subject Property
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to its original condition, including replacement of damaged improvements or structures, prior to
the Termination Date.
4. Hold Harmless and Indemnification. Grantee shall indemnify and hold the City,
its officials, employees, agents, and contractors harmless from claims, actions, damages, and costs,
including reasonable attorneys’ fees, pertaining to personal injury and property damage caused by
the negligence or willful misconduct of the Grantee or its employees, agents, or contractors in
conducting the Permitted Use, including but not limited to those arising from payment of third
parties performing work or inspections on the Subject Property, mechanics liens, or other similar
claims. The City expressly acknowledges that Grantee shall have no obligation to indemnify and
hold the City harmless from any claims, actions, or damages pertaining to soil, environmental, or
other conditions of the Subject Property, except to the extent arising solely from the negligent or
willful misconduct of Grantee or its employees, agents, or contractors.
5. Scope of Right of Entry. The grant of right of entry to the Grantee by the City
shall not confer any estate, title, or exclusive possessory rights in the Subject Property to Grantee
or its successors, assigns, employees, agents, or contractors.
6. Notices. All notices and demands required under this agreement shall be in writing
and shall be deemed given when personal delivered or sent by first class mail, addressed to the
parties:
City: City of Otsego
Attn: City Administrator
13400 90th Street NE
Otsego, MN 55330
Grantee: Hard Knock Tree LLC
Attn: ______________
3659 15th St NW
Buffalo, MN 55313
7. No Assignment. Grantee may not assign its rights to use the Subject Property or
any portion of the Subject Property without the prior written consent of the City.
8. Governing Law; Venue. This Agreement shall be governed and enforced in
accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue
shall be in the District Court of the State of Minnesota for Wright County.
9. Binding Authority. The individual executing this Agreement represents that they
are authorized by Grantee to sign this Agreement on behalf of Grantee and bind Grantee to the
terms of this Agreement.
IN WITNESS WHEREOF, the City and Grantee have each caused this Agreement to be
duly executed in their name and on their behalf by the individuals below, on or as of the date first
written above.
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GRANTOR:
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
By: _____________________________________
Audra Etzel, City Clerk
GRANTEE:
HARD KNOCK TREE LLC
By:
Matthew Ramsey [printed name]
Its: Owner____ [printed title]
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
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Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
DSK/smt