RESOLUTION 2007-24 ADOPTING MEMORANDUM OF AGREEMENT WITH TOWN OF UNION WHEREAS, Burnett County owns an interest in a private roadway located in Government Lot 3, Section 25, Township 40, Range 17 West; and
WHEREAS, Burnett County believes it would in the best interest of Burnett County and the citizens of Burnett County to turn all of their interest in said private roadway over to the Town of Union; and
WHEREAS, the Town of Union has agreed to accept all ownership from the County; and
WHEREAS, Burnett County and the Town of Union have developed a Memorandum of Understanding (attached as Exhibit A) to establish the duties and obligations of each regarding the private roadway and the transfer of ownership of said roadway; and
WHEREAS, the Town of Union has already adopted said Memorandum of Understanding;
NOW, THEREFORE, be it resolved that Burnett County shall adopt the Memorandum of Understanding as written and comply with the terms of said memorandum and further authorize the appropriate individuals to sign said memorandum binding the County to its terms.
Memorandum of Understanding
WHEREAS, Burnett County, hereinafter referred to as “County” and the Town of Union, hereinafter referred to as “the Town,” have reached agreement regarding the private roadway between Big and Little Yellow Lakes, which is an extension of Yellow Lake Road, located in Government Lot 3, Section 25, Township 40 North, Range 17 West, Burnett County, Wisconsin, and;
WHEREAS, the parties wish to memorialize said agreement through a memorandum of understanding and;
WHEREAS, each party agrees to obtain any and all authority necessary so that signature of this agreement shall be binding upon each party;
NOW, THEREFORE, the parties agree as follows:
1. The County will turn over all ownership interest, easement rights and any and all other rights currently held by the County on the private roadway located 1300 ft. or approximately .247 miles from the centerline of CTH FF to the bridge over the Yellow Lake narrows, commonly referred to as the Ulrich Bridge, located in the Town between Big and Little Yellow Lakes, including, but not limited to Outlot 5 of Catt’s Lakeside Lodge Lots Subdivision, according to the plat thereof on file in the Office of the Register of Deeds for Burnett County, Wisconsin, said plat being located in Government Lot 3, Section 25, Township 40 North, Range 17 West. Also including the roadway in Outlot 1 of certified survey map number 1266, as recorded in Volume 6, Page 183, Document Number 211750, in the Office of the Register of Deeds for Burnett County, and any and all easement and other ownership interest in and to said private road.
2. The County shall proceed to take tax title to the bridge over the Yellow Lake narrows, commonly referred to as the Ulrich Bridge, and upon obtaining of the ownership by the County, shall turn all ownership interest of the bridge over to the Town.
3. The Town shall assume any and all ownership of the roadway and the bridge when turned over to it by the County, subject to the maintenance agreement as agreed upon.
Prior to turning over the ownership and as a specific condition of the Town accepting ownership of the roadway, the County will improve the roadway as follows: Site improvement will start at 1300 ft. or .247 miles from the centerline of CTH FF and proceed north to within 100 ft. of the south end of the bridge over the Yellow Lake narrows. Road upgrades would include blacktop wedging for the 1830 ft. or .347 and coming back and putting on a wear surface of 1½ inches of blacktop on top wedging sub course. The width of the finished pavement will not exceed the present pavement or approximately 19 ft., whichever is narrower. The remaining 100 ft. south of the bridge will receive an extensive patching and wedging at the abutment of the deck slab.
5. In addition, the County agrees to provide maintenance for the next ten years. Said maintenance will include crack filling and patching as needed. Maintenance services by the County will not include snow removal, erosion control beyond the paved roadway, or signing or apertures.
6. Upon performance by the County of the upgrading of the roadway, the Town agrees to accept all ownership of the roadway extension of Yellow Lake Road and to accept the conveyance of the Ulrich Bridge, once the County has received ownership interest.
7. The County further agrees to provide assistance to the Town as follows: The County will assist the Town with getting the bridge into the inventory system for future funding and replacement. The County will also assist them in selecting a consultant team and engineering firm for the planning and replacement of said bridge. The obtaining of the roadway, starting at the north end of the bridge over and across the easement, currently located between the Condo’s and Yellow Lake Lodge to the North Yellow Lake Road, will be the sole responsibility of the Town and must be accomplished prior to the bridge being placed into the Federal Bridge Aid Program which will allow for receipt of up to 80% of the replacement costs. Obtaining of the roadway north of the bridge shall in no way affect the agreement to turn over the remaining roadway south of the bridge and the bridge itself to the Town by the County, nor for the Town’s agreement to accept the roadway and bridge as setforth in this agreement.
8. Once the upgrading has taken place, there shall be no further responsibility, nor liability, by either party except for the maintenance setforth in paragraph 5. Each party, therefore, agrees to hold the other harmless from any and all claim by any third party with regards to the roadway and to further indemnify each other as required for any claims made as a result of transferring ownership of said roadway and bridge.
Supervisor Edgar Peterson, Land Committee Chairman, presented the Resolution submitted by the Land Committee. A motion to adopt Resolution 2007-24, Adopting Memorandum of Agreement with Town of Union was made by Supervisor E. Peterson, seconded by Supervisor Burmeister. Motion carried.