NORTHERN TOWNSHIP
ROAD AGREEMENT
1. The roads within the plat shall not be dedicated by the developers to the township but shall remain "public roads" for the use of the occupants of said plat until established as "town roads" pursuant to the procedures then required by Minnesota Statutes;
2. The developers shall establish and construct all roads within the plat in accordance with the requirements and specifications set forth hereafter, and said establishment and construction shall be effected at the expense of the developers who shall be required to furnish all engineering services, labor, materials, equipment, and all other things or services necessary to establish and construct said roads within the plat;
3. The developers shall pay the following expenses incidental to the establishment of said road as a town road; and shall indemnify and hold harmless the township from all claims arising there from:
- The cost of acquiring a fee interest or such other interest in property as is necessary to permit the township to accept said road as a town road.
- Any damages which the township may be required to pay in condemnation proceedings or otherwise in acquiring the right of way for the town road.
- Extraordinary attorney's fees, if any, incurred by the township arising out of the establishment of said road.
4. It is further agreed by and between the township and developers that the township, its representatives, or agents, may inspect the establishment and construction of the aforementioned roads at all reasonable times, and said individuals may perform all necessary tests relating to the establishment and construction in accordance with the specifications and requirements set forth hereafter.
5. The developers shall correct all construction which does not comply with the specifications and requirements set forth hereafter within a reasonable time after receipt of notice from the township informing developers of said noncompliance and the necessary corrections which will effect compliance. The Township reserves the right to reject the acceptance of the road until difficulties are corrected.
6. Upon completion of the establishment and construction of said roads in accordance with this agreement, the township, its representatives or agents, shall perform a final inspection and testing of said roads and, upon completion of any final corrections required as result of said final inspection and testing, said roads shall be deemed to have been established in accordance with this agreement, and the developers shall have no further liability thereunder except liability relating to warranties and indemnities as set forth herein.
7. The developers warrant that all roads shall be established and constructed in accordance with the layout of said roads on said plat and the developers further warrant that said roads shall be established and constructed in accordance with the requirements set forth or incorporated herein; said warranties to terminate two years from the date said roads are deemed to be accepted in accordance with this agreement as set forth above.
8. The developers agree to indemnify and hold harmless the township from and against all claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the establishment and construction of said roads and for all claims or causes of action arising from the date of this agreement until two years from the date said roads are deemed to be accepted in accordance with this agreement as set forth above.
9. The developers shall complete the establishment and construction of said roads in accordance with this agreement so as to provide access to any lots sold by the developers, and the developers shall complete establishment and construction of all said roads laid out in said plat before petitioning the town board for acceptance of roads.
10. The developers shall establish and construct the roads so as to have 26 feet of driving surface within a 66 foot right of way, and so as to, otherwise, be in accordance with the specifications and requirements set out in Section 6 of the Subdivision Controls Ordinance of Beltrami County including, but not limited to, the following requirements:
- The developers shall install all culverts necessary for adequate drainage as determined by the township.
- The developers shall place gravel on all roads with a minimum of 6" of compacted gravel (Class 5 modified or its equivalent) on the road bed prior to paving in accordance with township instructions.
- The developers shall remove all extra fill, stumps, refuse, and any other materials relating to or resulting from the establishment and construction of the aforementioned roads. No stumps or other debris will be buried inside the road bed.
- The developers shall finish all roadsides, ditches, and slopes with at least 3" of topsoil and seeded with an approved mixture of seed, so as to prevent erosion, in accordance with the requirements of the Township.
- Entire 66 ft. road right of way will be cleared of stumps and debris removed.
- All topsoil will be removed from entire construction area and stock piled.
- No rocks over 12" in diameter can be placed in road bed.
- No rocks over 6" can be placed within 1' of top of road bed.
- No back slope steeper than 2:1 ratio.
- See figure 1 attached.
- Road Safety Signs: Developers shall be responsible for any/all road signs required in order to provide for public safety. i.e. stop, caution, yield, street signs, etc. Signs will be ordered and installed by Northern Township, and the developer will be billed for the costs.
- Blacktopping requirements – all newly developed roads shall be paved to the following standards prior to acceptance for maintenance by the Township;
a. Minimum blacktop width of 22 ft.
b. Two lifts – minimum 2” base course, 1.5” wear course over a full 6” compacted Class V modified base.
c. All driveways shall have a 2-3’ paved bump-out.
d. All intersections shall have an appropriate, finished radius.
e. All intersection where new pavement connects with existing gravel roads shall include pavement of the first 20-30 ft. onto the gravel unless otherwise agreed upon by Northern Township.
11. The township does not accept or assume any legal responsibility relating to the establishment, construction, maintenance, or use of said roads by reason of the execution of this agreement, and the township further disclaims any responsibility relating to the establishment, construction, maintenance, or use of said roads until said roads are established as township roads in accordance with the law.
12. The Northern Town Board may grant exceptions to the above specifications as special circumstances should dictate. Such exceptions must be noted in the Board minutes and under Number 15 below, with the justifying circumstances detailed.
13. This agreement shall be recorded with the County Recorder of Beltrami County, Bemidji, Minnesota.
14. Additions, corrections, comments, etc:
Revised 11/2007
RECITALS
The developer has submitted an initial plat for approval and recording pursuant to applicable statute, county ordinance, and township ordinance. That developer has been advised of the requirements of said statutes and ordinances relating to the establishment and construction of all public or private roadways, right of ways, easements, thoroughfares, streets, highways, parkways, boulevards, avenues, or drives, which are herein referred to as roads, as laid out in said plat. That developer has been further advised of the specific requirements of the applicable ordinances requiring that he enter into an agreement with the township concerning the establishment and construction of said roads prior to the obtaining of final approval of said plat by the township and county pursuant to the applicable township and county ordinance. That developer is desirous of entering into said agreement with the township for purposes of committing himself, his heirs, and assigns to the establishment and construction of said roads in accordance with this agreement.
That the township is responsible for insuring the health, safety, and welfare of its inhabitants and the inhabitants of said plat and insuring adequate access for private and public purposes to the lots contained in said plat. That the applicable statutes and ordinances require that the township insure the appropriate establishment and construction of said roads in said plats. That the township is desirous of approving said plat if said roads are established and constructed in accordance with this agreement and if other conditions of approval of the township to said plat not described in this agreement are met.
Road Agreement and Recitals accepted by Northern Town Board, October 31, 1978.
Road Agreement Additions accepted November 27, 1979.
Road Agreement Revisions accepted May 8, 1995.
Road Agreement Revision accepted November 26, 2007
NORTHERN TOWNSHIP ROAD AGREEMENT ACCEPTANCE FORM
I, _____________________________, having fully read and comprehend Northern
Township's Road Agreement, do agree to abide by the terms of said Road Agreement in
regards to the plat, _____________________________, in the Town of Northern, County of
Beltrami, State of MN.
Date of agreement: ________________________
________________________________________
Developer/Landowner
________________________________________
Address of Developer/Landowner
Phone number: ____________________________
APPROVED:
_____________________________________
Chair, Northern Town Board
_____________________________________
Road Supervisor
ATTEST:
______________________________________
Clerk/Administrator
