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pay any damages that may be awarded in favor of such owner, tenants or claimants, together with <br />costs and disbursements of said action or proceedings and reasonable attorney’s fee. <br /> <br />Dated at Elk River, Minnesota, this 10 day of March, 1941. <br /> <br />Village of Elk River <br />By M.C. Tesch <br />Mayor Pres <br />Attest J.C. Walker <br />Clerk Recorder <br /> <br />Resolution, <br /> <br />Whereas, the commission of Highways of the State of Minnesota has now determined to designate <br />and make permanent the location of Trunk Highway No. 10, formerly designated Trunk Highway <br />No. 3, as the same traverses the Village of Elk River, as shown upon the plan and map hereto <br />attached and made a part hereof, and <br />Whereas, said Commissioner of Highways proposes to construct and improve said Trunk Highway <br />No. 10 through said Village and has prepared plans, specifications, and special provisions for said <br />construction, and <br />Whereas, said construction and improvement is to be accomplished with the aid of Federal funds, <br />and <br />Whereas, said project and said plans, in order to participate in Federal funds, require the approval of <br />the Federal Public Roads Administration, and <br />Whereas, said Public Roads Administration requires as a condition precedent to such approval the <br />assurance and covenant that the Village of Elk River will not license or permit hereafter, any <br />encroachment of any nature, including curb gas pumps or gas stations or billboards or other <br />structure of any kind whatsoever, on the right of way of said Trunk Highway No. 10 within the <br />corporate limits of said Village of Elk River as shown upon the plan and maps hereto attached, and <br />Whereas, in the furtherance of the public well being and safety it is desirable and necessary to <br />eliminate traffic hazards by eliminating any encroachments whatsoever now or hereafter existing in <br />or upon the said Trunk Highway right of way <br />Now, therefore: <br />Be it resolved that said village does hereby agree to covenant and it will never permit or suffer, <br />within its corporate limits any encroachment of any kind whatsoever, including curb gas pumps and <br />gas stations, billboards or other structures of any kind whatsoever, upon the right of way of Trunk <br />Highway No. 10 as shown on the plan and maps hereto attached and submitted by the Department <br />of Highways, State of Minnesota; and that to the above end said village hereby agrees that it will <br />never issue any license, permit, or grant or give any leave or liberty or any other consent of whatever <br />form for the construction or maintenance of any encroachment whatsoever, including curb gas <br />pumps and gas stations, billboards or other structures of any kind whatsoever upon said right of <br />way; and that said Village will cooperate insofar as possible to eliminate existing encroachments <br />constituting traffic hazards and will further take any necessary action to eliminate any encroachment <br />that may hereafter exist on said Trunk Highway right of way. <br />Dated at Elk River, Minnesota this 10 day of March, 1941. <br />Village of Elk River <br />By M.C. Tesch <br />Mayor President <br /> <br />