08-18-1941 VCM - Laserfiche WebLink

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Highway No. 3 as the same traverses the Village of Elk River as shown upon the plan and map hereto attached and made a part hereof, and Whereas, said Commissioner of Highways proposes to construct and improve said Trunk Highway No. 10 through said Village and has prepared plans specifications and special provisions for said construction and Whereas, said construction and improvement is to be accomplished with the aid of Federal funds, and Whereas said project and said plans, in order to participate in Federal funds, require the approval of the Federal Public Road Administration, and Whereas, said Public Roads Administration requires as a condition precedent to such approval the assurance and covenant that the Village of Elk River will not license or permit hereafter, any encroachment of any nature, including curb gas pumps or gas stations or billboards or other structures of any kind whatsoever, on the right of way of said Trunk Highway No. 10 within the corporate limits of said Village of Elk River as shown upon the plans and maps hereto attached, and Whereas, in the furtherance of the public well being and safety it is desirable and necessary to eliminate traffic hazards by eliminating any encroachments whatsoever now or hereafter existing in or upon the said Trunk Highway right of way; Now, therefore: Be it resolved, that said village does hereby agree and covenant that it will never permit or suffer within its corporate limits any encroachment of any kind whatsoever, including curb gas pumps and gas stations, billboards or other structures of any kind whatsoever upon the right of way of Trunk Highway No. 10 as shown on the plan and maps hereto attached and submitted by the Dept. of Highways, State of Minnesota and that to the above end said village hereby agrees that it will never issue any license, permit or grant or give any leave or liberty or any other consent of whatever form of encroachment whatsoever, including curb gas pumps and gas stations billboards or other structures of any kind whatsoever, upon said right of way; and that said Village will cooperate insofar as possible to eliminate existing encroachments constituting traffic hazards and will further take any necessary action to eliminate any encroachment that may hereafter exist on said Trunk Highway right of way. Dated at Elk River, Minn. This 18 day of Aug, 1941 Village of Elk River by M.C. Tesch, Mayor Attest J. Clinton Walker, Clerk Recorder I do hereby certify that at a regular meeting (at a special meeting of which due and legal notice was th given) of the Village Council of Elk River, Minn., on the 18 day of Aug. 1941, at which a majority of the members of said Village Council were present, the foregoing resolution was unanimously adopted. th Given under my hand and seal this 18 day of Aug, 1941 J. Clinton Walker, Clerk Village Recorder The vote for adoption was unanimous. Dr. G.H. Tesch partner in Professional Office Building applied for a permit to build an office building 45 ft by 68 ft and one story on lot 5 blk/regional town. A motion was made by Clinton Walker and seconded by G.A. Bailey granting this permit.