4.4. SR 12-22-1997Howard R. Green Company
CONSULTING ENGINEERS
December 19, 1997
File; 230321j (0045)
ITEM 4.4.
Formerly MSA
Consulting Enginee/.~
Mr. Pat Klaers
City Administrator
City of Elk River
13065 Orono Parkway
P. O. Box 490
Elk River, MN 55330-0490
RE:
GAGNE PROPERTY RIGHT-OF-WAY
BUSINESS CENTER DRIVE IMPROVEMENTS
Dear Mr. Klaers;
As you are aware, we met earlier this week with Mr. Bill Gagne relative to the easement needed
for the Business Center Drive improvements. Mr. Gagne indicated that he was reluctanL, at this
time, to sign the easement. He indicated that he was unsure whether Mr. Chuck Christian
would be able to put together an industrial project on his property and actually com:lude a
purchase of the property from Mr. Gagne. Based on this information we discussed the timing of
the project and concluded it would be in the City's best interest to initiate condemnation
proceedings. As you are aware, there are 90 days required for a "quick take" of the property.
Given time for city Council action and the attorney to prepare the legal documents, it is more
realistic to think of 150 days before we would have access to Mr. Gagne's property to construct
the improvements.
Attached for the City Council's consideration is a resolution that would initiate the condemnation
proceedings. We are hopeful that during this process, Mr. Gagne and Mr. Christian will come to
a resolution on the purchase of the property and Mr. Gagne will therefore be willing to give the
necessary easement. If that does not occur, this action will enable us to keep the project on the
timetable laid out and begin the construction of the improvements in the late Spring cr early
Summer of 1998.
If you have anY questions regarding any of this information, Please call.
Sincerely,
Howard R. Green Company
Terry J,4~l§urer, P.E.
TJM/et
O:~oroj~ 30321X321-1906 .dec
1326 Energy Park Drive · St. Paul. MN 55108 · 819/R44-a.~a ~- ~,~/e,, n,,,, ...................
RESOLUTION FOR THE CITY OF ELK RIVER
RESOLUTION 9%
A RESOLUTION RELATING TO FINDING OF PUBLIC PURPOSE FOR THE
ACQUISITION OF THE EASEMENT AND RIGHT-OF-WAY FOR STREET
AND UTILITY IMPROVEMENTS FOR BUSINESS CENTER DRIVE
there is need to continue the extension of Business Center Drive and the
associated utilities westerly in the City of Elk River; and
WHEREAS,
the City of Elk River directed preparation of and received a feasibility study
dealing with the construction of utilities and streets westerly along the Business
Center Drive alignment, and held a public hearing pursuant to Minnesota Sta:~es
Section 429 ~;.~!t~., to consider ordering improvements to Business Center [;,rive
(the Improvements); and
pursuant to the resolution numbered 97-104 ordering the improvemen~ and
preparation of plans and ~ecifieations, the Elk River City Council authorized the
Improvement; and
WHEREAS, the City Engineer has determined the need for additional right-of-way to
construct the Improvement; and
the City Council of the CiLv of Elk River has determined that the Improvement
and the need for additional right-of-way are in the public interest.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that the
City acquire the right, title, and interest in certain properties generally described in the
attached Exhibit A as and to the extent necessary pursuant to Minnesota Statutes Section I ~. 7 et
seq. for the public purpose of constructing the Improvement to Business Center Drive.
Passed and adopted by the City Council of the City of Elk River, Minnesota, this 22nd day of
December, 1997.
ATTESTED:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
O:XPROJ'X230321 ink321-1905.dec.RE$OLUTION.do~
EXHIBIT A
LEGAL DESCRIPTION TO THE EASEMENT TRACT:
A perpetual easement for public street, utility, and drainage pu~oscs over, under, a~'~d across
that part of t. he following described property:
The East Half (E ih) of the Southeast Quarter (SE ~l) of Section 31, Township 33, l;ange 26,
Sherburne County, Minnesota, except that part thereof platted as Sandpiper Estates and
Sandpiper Estates Two.
Which lies within the following described perpetual easement for street, utility, and drainage
purposes.
A strip of land 80.00 feet in width, over that pan of th~ East Half of the Southeast Quarter of
Section 31, Township 33, Range 26, Sherbume County, Minnesota, the North line of which is
contiguous with the South fight-of-way line of U.S. Highway No. 10 and $2.
Said strip of land is to extend by its full width from the W~st line of said East Half' of the
Southeast Quarter to the East line of said East Half of the Southeast Quarter.
O:~,PRC1II2301t21 m~321-1917.nev.etsement, do~
4
SOUTH R.O.W. LINE
U.S. HIGHWAY NO. 10 &: 5211.ii=i..~
0 200
PROPOSED STREET, UTILIT'i
AND DRAINAGE EASEMENT
80.00'
SANZ 'P[PER
TE$ T~-O
t I
6'
183RD AVE. N.W.
SANDPIP
ER
ESTATES
PROPOSED RIGHT OF WAY
BUSINESS CENTER DRIVE
city ~ EXHIBIT