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4.1. PRSR 04-26-1999 ITEM #4.1. Pk? --\x River MEMORANDUM •ty of Elk/ TO: MAYOR AND CITY COUNCIL B FROM: STEPHEN ROHLF, U ILDING AND ZONING ADMINISTRATOR DATE: APRIL 26, 1999 'C� SUBJECT: CITY ACCEPTANCE OF A PORTION OF COUNTY DITCH#10 The attached map depicts that portion of Ditch#10 that Sherburne County is turning over to the City of Elk River as part of the Eastern Area Improvements. A copy of the County Board's resolution on the transfer is also attached. Staff recommends the Elk River City Council officially accept this transfer by simple motion. Certified copies of this motion will then be sent to Sherburne County and the deal will be completed. III ID 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 r J�� ;wo �� 67REET♦i 1Le 111111 kri iiiIt ` AP\\J L1J ', , i' N' N‘„\71] imillin! lii; 41 ,\ 1111: ,.n 1 4L4 �!1LI TUGHLE 4k4 at h■\......„__,.L. - ....— il 1 cy f *II 1 0 0 _0 1 0 - �I ii if \it i of %es \ It r Vi\' `f'' iW*77' 1 1 0 I trOifr 10,\W ill/Al' ill ik..' ''* �q- 114EP (P-IVATE) •A 173RD AVENUE , qiik Illm.n1oRTTi e Plir 0 1000 II S R N In �D T1ot1 III v 3 171ST AVENUE I IA 1 170 AVE �£� Y y0R11E14' ovolog , - t r s t -.. --:,,-,:-."•-•-,:,...!..:,.. •-,..,,.. y Sherburne County •.-',00._ ......, .--...-.:,----,--...,.-....:--..-,;:i.----....-...--,:.:'.--,:,..,-..-1,!-,;-,,...,..:-..... -..-::„.,:,.. ,:,,..,.7..-.,,....;.-.,, ..,:' `` f ADMIN/$TRATOR BRIAN BENSEN }e. r : 13880'Highway 10 STATE O F MINNESOTA Y EIk-Allier,'MN 55330-4601 2 (612)241.-27'01`O 1 800 433-5229 ` webs,ite www co sherbume mn us _ COUNTY OF SI-IERBURNE ' .,• - r is.',..'*;......--‘-;'-','*: ,b r _ � �A A �.iP� .r { I, Kary Tillmann, Secretary:to the,Sherburne County Board,:•.:., o hereby certify that I 4Y.:,e carefully compared the copy of Reolution #020399 AD 558 with thiinel r nal record in this office, and that the:same is a true and literal copy of,said original`records r. and_ 'of the whole thereof Said resolution�was duly adopted by the Sherburne County Board of Commissioners atthe County.Board meeting,held.on February 3, 1999 _ r -;z In witness whereof,:I have;hereunto set my hand and:caused the seal of the County Administrator's Office to be raffixed at Elk River, Minnesota,in said County this 30th day of March, A.D. 1999 Ka Tillm�fn.n, Secreta to the County Board (SEAL) H:\ADMNDATAIMIIN UTES\CERTIFY.DOC • A n Equal Opportunity Employer' ' . p. SHERBURNE COUNTY 213 I b REQUEST FOR BOARD ACTION Requested Board Date: February 3, 1999 Originating Department:..County Auditor • Flexibility: ❑ YES x NO Agenda Item (How you would like it listed on the Presenter: Heaney agenda): Turnover of part of Ditch No. 10 to the City of Elk River (on the Ditch Authority Agenda) Estimated Time: ❑ Consent Agenda ❑5 Min. © 15 Min. ❑30 Min. ❑45 Min. ❑ 1 Hour Board Action Requested: 0i044 'AP.y 'r 62,0W1 •,. t X Motion to approve Resolution Number turning over a portion of Ditch No. 10 to the City of Elk River and to send a certified copy of the same to the City for its records. Background: (Attach additional pages if needed): In 1994, the County agreed with the City to allow • the City to use the "bottom" portion of County Ditch Number 10 as the outlet for the municipal system. They now propose to take over that leg as well as Branch Number 1 and 1A. This will be for the development of the lands that the City is working on. Further, the City will be extending a new culvert under 173"' and Tyler street at the same elevation and diameter as previously set. The transition between the City using the ditch as an outlet and there now taking the same over is logical and will not effect any landowners on the remainder of the ditch. There is no cost to the County. I have attached a copy of the ditch map. A copy of the special law that allows us to do this and the prior resolution of the same. Representatives from the City will be available to answer any questions on this matter. Supporting Documents: X Attached ❑ None Department Hea Sig t .te: 7 - (Administrator's Department will omplete info tion below) VERIFICATION OF AGEN A ITEM • Assigned Board Date/Time: Amount of Time allotted: Administrator's Department Signature/Date: l BOARD ACTION ❑ Approved as Requested ❑ Denied ❑ Tabled ❑ Other 411 Date of Action: Comments: County Administrator's Signature/Date: 1 ( c(ir --V-5 1 / c....)44,/,_, , 6.---- I:\PORMS\RBA.WPD • • • FINDINGS AND ORDER SHERBURNE COUNTY BOARD OF COMMISSIONERS • 171 (q�°I O10M4 •Al2• sd DATE Number WHEREAS, The Sherburne County Board of Commissioners and the Sherburne County Auditor received a request from the City of Elk River to assume a portion of County Ditch No. 10 so the same can be incorporated into the City municipal system; WHEREAS, pursuant to this request, the Sherburne County Auditor and the Sherburne County Attorney's Office met with staff of the City of Elk River to discuss the options available to it and believe that the citizens would best be served with the transfer of the right title and interest of a portion of County Ditch Number 10 to the City of Elk River; and, WHEREAS, the legislature has allowed the City and the County to turn over legal title of the easements on the ditches from the Sherburne County as ditch authority to the City of Elk River for its municpal system pursuant to Laws of Minnesota 1195, Chapter 175. NOW,THEREFORE,THE SHERBURNE COUNTY BOARD OF COMMISSIONERS as the Sherburne County Ditch Authority, HEREBY MAKES THE FOLLOWING: • • RESOLUTION Pursuant to Laws of Minnesota 1995, Chapter 175, the county of Sherburne agrees to convey a portion of County Ditch No. 10 to the City of Elk River, more specifically described as from the outlet of of the main ditch of County Ditch Number 10 at the Mississippi River up to the northeast side of the Burlington Northern Railroad right of way through to Station Number 136+97; all of Branch Number "1" and all of Branch "A" of Branch Number 1, the same being conditioned upon the following: 1. the City of Elk River by resolution accept the conveyance of the same; 2. the City of Elk River, upon acceptance of the right, titile and interest of the above described ditch assumes all right titile and interest of the same; 3. the City of Elk River agrees to assume under its municipal authority the management of the surface waters within the area served by portion of the ditch being conveyed; 4. that the portion of the ditch being conveyed is no longer subject to Minnesota Statutes; 5. the City of Elk River agrees that in perpetuity that the remainder of County Ditch Number 10 may continue to outlet into the municipal system at no cost as long as • the ditch remians in existence or until such time as the City assumes the right, title and interest of the remainder of County Ditch Number 10; 6. the City of Elk River agrees that this resolution and their assumption of all right, title and interest as set forth herein will supercede the actions of both bodies that occurred in November/December 1994 (wherein the County and the City made agreement that the municipal system could outlet into County Ditch Numberl 0; that agreement having been made moot by this assumption of right, titile and interest as set forth herein). The foregoing resolution was moved by Commissioner and seconded by • Commissioner tAfrp.t.1/ITY111 Upon a roll call vote, the Commissioners voted as follows: Commissioner Wergin aye Y naye Commissioner Freidl aye-T naye Commissioner Nagorski ayeI naye Commissioner Johnson aye naye Commissioner Engstrom aye '`C naye • The above resolution was duly adopted/defeated this J day of 9. Atteste. to: Clerk of Coun i Board •