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<br />COUNTY HIGHWAY 33 BETWEEN CH 77 AND US HWY 169 AND <br />COUNTY HIGHWAY 77 NORTH OF CH 33 TURNBACK <br />AND RECONSTRUCTION AGREEMENT BETWEEN <br />SHERBURNE COUNTY AND THE CITY OF ELK RIVER <br /> <br />WHEREAS, County High\vay 33 bet\veen CH 77 and US H\VY" 169 and County High\vay 77 <br />north of CH 33, located in the City of Elk river is presendy under the jurisdiction of <br />Sherburne County"r as a County road; and <br /> <br />WHEREAS, These segments of CH 33 and CH 77 have been determined to serve a local <br />function only as a local road; and <br /> <br />WHEREAS, revocation of "County Road" status may be accomplished by resolution of the <br />Sherburne County Board of Commissioners pursuant to 11innesota Statute 163.11 <br />Subd. 5b; and <br /> <br />WHEREAS, it appears to the City Council of the City of Elk River that these segments of <br />County High\vays 33/77 hereinafter described under tumback from Sherburne <br />County should be a ivIunicipal State Aid Street under the provisions of Ivfinnesota <br />La\v; and <br /> <br />WHEREAS, the legally described limits of County High\vays 33 and 77 are as follo\vs; <br /> <br />DESCRIPTION OF COUNTY HIGHWAYS 33 AND 77 TO BE TURNED BACK TO <br />THE CITY OF ELK RIVER <br /> <br />That part of Sherburne County High\vays 33 and 77 described as follo\vs: Beginning at the <br />intersection of the centerline of U.S. High\vay No. 169 \-vi.th the centerline of Sherburne County <br />High\vay No. 77 being located on the North line of the Northeast Quarter of the North\vest Quarter <br />of Section 15, To\vnship 33, Range 26, Sherburne County, 1vIinnesota; thence "\vest along said <br />centerline of Sherburne County High\vay No. 77 to the north\vest comer of said Section 15; thence <br />south along the "\vest line of said Section 15 to the south\vest comer thereof; thence east along the <br />South line of said Section 15, being the centerline of said Sherburne County High\vay No. 33, to the <br />intersection \vith the \\1 esterly right of \vay line of said U.S. High"\vay No. 169 and there terminating. <br /> <br />NOW, THEREFORE SHERBURNE COUNTY AND THE CITY OF ELK RIVER agree <br />to the follo\ving: <br /> <br />1. County shall reclaim and overlay these segments \v-ith the equivalent of 6" of Class 5 aggregate <br />base, 2.5" non-\vearing course bituminous and 4" \vearing course bituminous. Paving t:\vo 14' <br />lanes \v-ith l' of gravel on each side. <br /> <br />2. County shall maintain these segments of County High\vays 33/77 for t\vo years under <br />1vIinnesota Statute 163.11 Subd. Sb. <br /> <br />3. Each Party shall be liable for its o\vn acts and the acts of its representatives to the extent <br />provided by la"\v and hereby agrees to indemnify, hold harmless, and defend each other, its <br />