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FAEGRE & BENSON LLP <br /> <br />2200 WELLS FARGO CENTER, 90 SOUTH SEVENTH STREET <br /> }VIINNEAPOLIS, IVIINNESOTA 55402-3901 <br /> TELEPHONE 612-336-3000 <br /> <br /> FACSIMILF 612-336-3026 <br /> <br />May l5,2001 <br /> <br />THOMAS M. CROSBY, JR. <br /> TCrosby@faegre.com <br /> 612/336-3127 <br /> <br />Mayor Stephanie Clemsing <br />City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330 <br /> <br />Board of Commissioners <br />Sherbume County <br />13880 Highway 10 <br />Elk River, MN 55330 <br /> <br />Ladies and Gentlemen: <br /> <br /> We have been contacted by Thomas Forsythe, the owner of property at <br />10578 - 181st Avenue Northwest, Elk River, Minnesota 55330. <br /> <br /> Mr. Forsythe has given us the background information on the proposed <br />upgrade of County Road 12 by Sherbume County. County Road 12 is the road to which <br />Mr. Forsythe's house has access by reason of a shared driveway with three other residences. <br /> <br /> It is my understanding that the County has taken land over which the easement <br />runs in order to widen the highway and that the County proposes to lower the elevation of the <br />highway as a part of the construction project thereby increasing the grade of Mr. F orsythe's <br />easement. Further, we understand that County Road 12 will be increased from a two-lane <br />road to a four-lane road in anticipation of increased activity resulting from, among other <br />things, increased commercial activity to the east of the site. <br /> <br /> Mr. Forsythe is concerned that the combination of lowering the elevation of <br />the county road and the potential for substantially increased traffic will result in an <br />unacceptable risk to him. <br /> <br />Several factors are relevant: <br /> <br />Mr. Forsythe has a recorded interest in the real estate by being the <br />beneficiary of an easement for road purposes set forth in his deed to the <br />property and described in some detail in a Driveway Easement and <br />Maintenance Agreement filed September 25, 1989, and recorded as <br />Document 232893. <br /> <br />Minneapolis Denver Des Moines London Frankfurt <br /> <br /> <br />