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Howard R <br />September 10, 2003 <br />File: 819310J-0325 <br /> <br />, Green Company <br /> <br />Mr. Dave Schwarting <br />Sherburne County Engineer <br />Sherburne County Government Center <br />13880 Highway 10 <br />Elk River, MN 55330 <br /> <br />RE: COUNTY ROAD 40 RIGHT-OF-WAY PLAT <br /> <br />Dear Mr. Schwarting: <br /> <br />This letter is intended to summarize our phone conversation of yesterday regarding the County Road <br />40 right-of-way plat that Sherburne County has asked the City of Elk River to adopt. It is my <br />understanding from our conversation that it is your intent to ultimately record the plat as an official <br />map of the future right-of-way so that it will be on record and available to anybody considering <br />development in the area. My understanding of the official mapping statute is that it only preserves the <br />right-of-way. If someone were to want to pull a building permit on that officially mapped right-of-way, it <br />would be incumbent on a governmental agency to step forward and purchase the right-of-way for the <br />market price. As such, we discussed and I understand that you would expect the City of Elk River to <br />purchase the right-of-way in such a scenario. <br /> <br />We also discussed whether or not the Sherburne County official mapping process would preclude the <br />City from acquiring right-of-way through the platting process as the property along County Road 40 <br />develops. Neither of us was sure of the answer to that question. You were going to ask the County <br />Attorney, and I likewise have posed the question to the City Attorney's office. <br /> <br />In conclusion, I have no problem with the right-of-way plat for County Road 40, if in fact the City <br />AttOrney and/or County Attorney can confirm that official mapping of the right-of-way will not preclude <br />acquiring it through the development and platting process. As such, I will recommend to the City <br />Council of Elk River that they approve the alignment shown on your County Road 40 right-of-way at <br />the next available City Council meeting. <br /> <br />If you have any questions or get an answer from the County Attorney, please call. <br /> <br />Sincerely, <br /> <br />Howard R. Green Company <br /> <br />Terry J. Maurer, P.E. <br /> <br />TJM:sw <br /> <br />Ltr-091003-Schwarting.doc <br /> 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 <br /> <br /> <br />