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<br /> <br />City of Elk River <br />REQUEST FOR COUNCIL ACTION <br />Agenda Section Meeting Date <br />En ineerin Febru 21,2006 <br />Item Description <br />Update on County Hi way 40 Reconstruction Project <br /> <br /> <br />Introduction <br /> <br />As the City Council is aware, staff has been working with the Public Works staff from Sherburne County <br />on the proposed reconstruction project on County Highway 40 (Cleveland Avenue) from CSAH 12 to <br />CSAH 13. This agenda item will update the Council on the status of several items regarding this project <br />and ask for direction on two of them. <br /> <br />Discussion <br /> <br />The items I would like to discuss with the City Council are as follows: <br /> <br />1. Attached is a "rough" draft of an Agreement for the Improvement of County Highway 40 in the <br />City of Elk River, Minnesota as prepared by Sherburne County. This draft agreement has been <br />reviewed by Chris Johnson, City Attorney. He has indicated that the format is acceptable from a <br />legal standpoint. I would like the City Council to review this document and provide any specific <br />comments or questions you may have, as we will be working with County staff to fine tune the <br />dollar amounts and language for ultimate adoption by the City Council and County Board. <br /> <br />2. The acquisition of right-of-way for the construction of County Highway 40 is proceeding. I <br />have received signed quit claim deeds (one signed easement) from all of the individual large lot <br />owners. The remaining parcels to submit quit claim deeds are controlled by developers. There <br />is one parcel owned by an individual at the very north end of County Highway 40 as it meets up <br />with CSAH 13. The owner of that property, Mr. Alan Schubert, actually lives north of CSAH <br />13. I have been discussing the needed land acquisition with Mr. Schubert. Attached are two <br />8~" x 11" copies from the County plat. As you can see, Mr. Schubert owns Parcels 32, 33 and <br />34, according to the County plat. This is approximately 1.25 acres. Of this amount I believe <br />that approximately .25 acres could be claimed as prescriptive rights for the existing County <br />Highway 40 alignment. Mr. Schubert has made it clear that he would like to discuss the <br />purchase of all three of these parcels and is not interested in owning a remnant parcel. Parcel 32 <br />is needed for roadway purposes; Parcel 33 is needed by the School District for completion of <br />storm drainage ponds on their elementary school development; Parcel 34 which is approximately <br />.24 acres, would be a remnant piece. After a discussion with Mr. Schubert, he received the <br />attached letter from Chris Froelich of the Minnesota Development Agency. As you can see <br />from the letter, it estimates that the value of this type of land is approximately $85,000 an acre. <br />The only discussion I have had with Mr. Schubert since receiving this letter has been to the <br />point that approximately 0.25 acres of the land in question would be right-of-way by prescriptive <br /> <br />S:\EngineerImprovProj\2006 Improvement Projects\County Highway 40\022106 cc memo.doc <br />