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<br />Sherburne County Turnback Agreement between <br />Sherburne County, Big Lake Township, and Elk River <br /> <br /> Whereas, Sherburne County Road 79 (County Road 79) is presently a road <br />located primarily within Big Lake Township, Minnesota, and partially within Elk River, <br />Minnesota; and, <br /> <br /> Whereas, the parties to this agreement have exhibited concern for the jurisdiction <br />of certain roadways; and, <br /> <br />Whereas, all parties to this agreement consider it mutually desirable to remove <br />County Road 79 in its entirety from the County System; and, <br /> <br />Whereas, all parties to this agreement consider it mutually desirable to remove <br />th <br />209 Avenue between CSAH 15 and County Road 32 from both the City and Township <br />Systems; and, <br /> <br />th <br />Whereas, 209 Avenue is presently a local road located primarily within Big Lake <br />Township, Minnesota, and partially within Elk River, Minnesota; and, <br /> <br />Whereas, County Road 79 was identified as a road that has local functional class <br />per the Sherburne County Long-Range Transportation Plan dated October 2019; and, <br /> <br /> Whereas, Sherburne County seeks to turn back its interest in County Road 79 to <br />Big Lake Township and Elk River pursuant to Minnesota Statute 163.11; and, <br /> <br />Whereas, both Big Lake Township and Elk River, are transferring their interest in <br />th <br />209 Ave. to Sherburne County pursuant to Minnesota Statute 163.11; and <br /> <br /> Now, therefore, Sherburne County, Big Lake Township, and Elk River agree as <br />follows: <br /> <br />1. The information set forth in the Whereas clauses are incorporated into this <br />Agreement as if fully set forth. <br /> <br />2. Sherburne County has performed a reclaim and overlay on County Road 79 in <br />accordance with county plans CP 071-679-019 as part of its construction schedule <br />for 2020. This work was done at a significantly higher cost than simple a “mill <br />and overlay”. Because of the recent significant investment in County Road 79, <br />Big Lake Township and Elk River shall not seek any additional fiscal <br />reimbursement, maintenance, or additional upgrade to the present County Road <br />79 following the project completion and acceptance of the work by the County. <br />Specifically, Big Lake Township is accepting the enhanced investment to County <br />Road 79 in lieu of the two-year maintenance after turn back. (See, Minn. Stat. <br />163.11, Subd. 5(a) and 5(b)). <br /> <br />1 <br /> <br /> <br />