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<br /> <br />Item I 7.15. <br /> <br />13065 Orono Parkway <br />Elk River, MN 55330 <br /> <br />December 7, 2005 <br /> <br />File: 226-034P <br /> <br />The Honorable Mayor and City Council <br />City of Elk River <br />13065 Orono Parkway <br />Elk River MN 55330 <br /> <br />RE: COUNfYHIGHWAY 40 RIGHT-OF-WAY <br /> <br />Dear Council Members: <br /> <br />On Tuesday, December 6, 2005 Council Member Motin and I met with La V onn Nordeen, <br />who lives at 18681 Cleveland Street to discuss questions and issues she had regarding the <br />County Highway 40 right-of-way acquisition. First, Ms. Nordeen was concerned about <br />acquiring by quit claim deed a 50-foot strip across the frontage of her property, because loss <br />of this acreage would put her entire parcel below 10 acres. A parcel of 10 acres or more is <br />important in maintaining an agricultural classification and potential "green acre" status for <br />taxing purposes. Prior to our meeting, I discussed this issue with Kathy Heaney, Sherburne <br />County Attorney, and she indicated that acquiring an easement for roadway, drainage and <br />utility purposes over the same area would be sufficient for County road purposes. I <br />explained this to Ms. Nordeen and had a copy of a standard easement document prepared <br />which I presented to her. <br /> <br />Ms. Nordeen indicated she was willing to sign the easement document with two conditions. <br />She was concerned that any maintenance of street, drainage or utility facilities within this <br />easement not be charged back to her, since she would still be the underlying land owner. I <br />explained to Ms. Nordeen that this has never been the City policy nor the County policy. <br />She asked for a letter indicating such. The second issue Ms. Nordeen has is a concern for <br />several evergreen trees (approximately 5) along the front of her property which will fall <br />within the 50-foot easement. She asked that these trees either be protected during the road <br />construction or be moved further into her property to be outside of the 50-foot easement <br />area. I indicated that I thought the City Council would be agreeable to either protect, move <br />or replace these trees as part of the signing of the easement. <br /> <br />Phone: 763.635.1000 <br />Fax: 763.635.1090 <br /> <br />www.cLelk-river.mn.us <br />