AGREEMENT BETWEEN NEW DOSEY AND WILMA TOWNSHIPS FOR THE DIVISION OF MAINTENANCE RESPONSIBILITIES FOR HELLER DRIVE
This agreement is hereby entered into this January, 2006, by and between the Town Board Supervisors of New Dosey Township and of Wilma Township, Pine County, Minnesota.
WHEREAS, New Dosey and Wilma Townships share the town line road Heller Drive (4 rods wide to full length, .8 mile), and,
WHEREAS, MN Statute 164.12 directs town boards to divide town line roads and enter into an agreement for the maintenance of these roads,
NOW THEREFORE, in consideration of the mutual promises and benefits that each party shall derive herefrom, New Dosey Township and Wilma Township hereby enter into this agreement for the division of maintenance responsibilities for the above described town line road.
A. General Division of Maintenance Responsibility: Each Township will be responsible for conducting routine road inspections for Heller Drive. Wilma Township will be responsible for normal and routine grading, ditchwork and snowplowing, and will bill New Dosey for half of the labor and machinery costs for this regular maintenance. Wilma Township may apply up to four loads of gravel per season to Heller Drive without needing to consult the New Dosey Town Board, and the costs for the gravel, including hauling, spreading and equipment use will be divided equally between the Townships. Any gravel above the four load limit will need the authorization of the New Dosey Town Board.
B. Specific Division of Maintenance Responsibilities and Activities: In addition to the general division of maintenance responsibilities, the Townships agree to the following specific provision related to the division of specific maintenance responsibilities and required activities:
1. Cost for Drainage Structures: The Townships agree that
the cost to repair or replace culverts on any portion of the town line road will be shared equally. The two Town Boards will mutually agree on the need for any such work before it is begun.
2. Tree/Brush Removal: Removing trees (as defined in MN Stat. 160.22, subdv. 7a) from the town line road right-of-way as needed to avoid interference with travel, maintenance, or safety shall be decided and agreed at the annual spring road inspection, or any cooperative inspection as needed, and costs will be equally shared.
3. Brushing and Mowing in Right-of-Way: Due to equipment limitations, responsibility will be decided at any annual spring or cooperative road inspection and expenses (including labor and machinery use) will be divided equally between the Townships.
4. Beaver Control and Dam Abatement: Beaver control and dam abatement shall be carried out by The Town of New Dosey, and the costs for this will be equally shared by both Townships.
C. DISPUTES: If a disagreement arises regarding the fairness of the division of maintenance responsibilities provided in this agreement and the parties are not able to resolve the disagreement, the issue will be submitted to the County Board for a determination of the proper division of responsibility as provided in MN Stat. 164.12, subdv. 6.
D. AMMENDMENTS: Any alterations, amendments, deletions and waivers of the provisions of this agreement shall be valid only when reduced to writing and duly signed by each Township.
E. ENTIRE AGREEMENT: It is understood that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negations between the parties relating to the subject matter hereof as well as any previous line road agreements presently in effect between the parties concerning the above described road.
IN WITNESS WHEREOF, Wilma Township has caused this agreement to be executed this 4th day of January, 2006, and New Dosey Township has caused this agreement to be executed as of this ___ day of ____________, 2006.
WILMA TOWNSHIP NEW DOSEY TOWNSHIP
By the Town Board of Supervisors By the Town Board of Supervisors
Rebecca Niedzielski, Chairman Edward Carlin, Chairman
Paul Raymond, Town Clerk David Baker, Town Clerk