6.13. SR 09-15-2003 Howard R, Green Company
Item 6.13.
September 10, 2003
File: 819310J-0325
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: COUNTY ROAD 40 (RIGHT-OF-WAY PLAT)
Dear Council Members:
Sherburne County has requested that the City of Elk River approve the plat the County has prepared
for the future right-of-way needs along County Road 40 (Cleveland Avenue) from County Road 12 to
County Road 13. Attached is a brief letter documenting a conversation I had with Dave Schwarting
regarding this issue. I have also followed up with City Attorney Peter Beck's office regarding the issue
of whether official mapping of the Cleveland Avenue right-of-way will preclude the City from acquiring
right-of-way in the future through the platting process, as property along Cleveland Avenue develops.
Mr. Beck did not think so, but suggested that the Council action be to approve the alignment without
reference to the plat or official map. There is nowhere on the County's plat of County Road 40 right-
of-way where the City is asked to sign.
If you have any questions regarding this issue, I will be in attendance at your September 15, 2003 City
Council meeting.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:sw
Enclosure
Ltr-091003-Council.doc
1326 Energy Park Drive · St. Paul, MN 55108 ° 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Howard R
September 10, 2003
File: 819310J-0325
, Green Company
Mr. Dave Schwarting
Sherburne County Engineer
Sherburne County Government Center
13880 Highway 10
Elk River, MN 55330
RE: COUNTY ROAD 40 RIGHT-OF-WAY PLAT
Dear Mr. Schwarting:
This letter is intended to summarize our phone conversation of yesterday regarding the County Road
40 right-of-way plat that Sherburne County has asked the City of Elk River to adopt. It is my
understanding from our conversation that it is your intent to ultimately record the plat as an official
map of the future right-of-way so that it will be on record and available to anybody considering
development in the area. My understanding of the official mapping statute is that it only preserves the
right-of-way. If someone were to want to pull a building permit on that officially mapped right-of-way, it
would be incumbent on a governmental agency to step forward and purchase the right-of-way for the
market price. As such, we discussed and I understand that you would expect the City of Elk River to
purchase the right-of-way in such a scenario.
We also discussed whether or not the Sherburne County official mapping process would preclude the
City from acquiring right-of-way through the platting process as the property along County Road 40
develops. Neither of us was sure of the answer to that question. You were going to ask the County
Attorney, and I likewise have posed the question to the City Attorney's office.
In conclusion, I have no problem with the right-of-way plat for County Road 40, if in fact the City
AttOrney and/or County Attorney can confirm that official mapping of the right-of-way will not preclude
acquiring it through the development and platting process. As such, I will recommend to the City
Council of Elk River that they approve the alignment shown on your County Road 40 right-of-way at
the next available City Council meeting.
If you have any questions or get an answer from the County Attorney, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:sw
Ltr-091003-Schwarting.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389