3.4. SR 04-03-2000*3.4.*
Howard R. Green Company
CONSULTING ENGINEERS
March 24, 2000
File: 230321M-0070
Honorable Mayor and City Council
City of Elk River
P.O. Box 490
Elk River, MN 55330-0490
RE:
WESTERN AREA PHASE III IMPROVEMENTS
EXTINGUISHMENT OF ACCESS
CITY OF ELK RIVER, MINNESOTA
Dear Council Members:
We have been working to final out the cooperative agreement with MnDOT regarding the
Western Area Phase III Improvements. As you will recall, this was the improvement that
brought Business Center Drive along the Gagne property and the Sherburne County
Government Center property.
The one remaining item we need to address prior to getting final payment from MnDOT for
these improvements is to provide an Extinguishment of Access to MnDOT along the Gagne
property. This document essentially says that the City gives up any rights they may have had to
access Trunk Highway 10 along this section of property.
Attached are three items for the City Council's consideration. The first is a resolution that
authorizes the Mayor and City Clerk to execute the Extinguishment of Access on behalf of the
City of Elk River. The second item is the actual Extinguishment of Access document, and the
third item is a map showing the area that this Extinguishment of Access covers.
If you have any questions regarding this information, I will be in attendance at your April 3, 2000
City Council Meeting.
Sincerely,
Howard R. Green Company
Terry ~ Maurer, P.E.
O:\PROJ~230321 M\0070\ltr 3-24-00 council
1326 Energy Park Drive · St. Paul, MN 55108 · 6511644-43§9 fax 651/644-9446 toll free 8861366-4389
RESOLUTION 00 -
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK
TO EXECUTE THE EXTINGUISHMENT OF ACCESS
WHEREAS,
a cooperative agreement was entered into between MnDOT and the City of Elk
River for participation in funding the extension of Business Center Drive across
the Gagne property and Sherburne County Government Center property; and
WHEREAS
one of the conditions of that cooperative agreement was that the City provide an
Extinguishment of Access agreement to MnDOT across the Gagne property;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota:
1. The Mayor and City Clerk are hereby authorized to execute the Extinguishment of
Access agreement on behalf of the City of Elk River for the Trunk Highway 10 frontage
along the Gagne Property.
Passed and adopted this 3rd day of April, 2000.
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
O:\PROJ~230321 M\0070\res 4-3-00
----) (
T~H~ 10
OF
COUNTY
COURT
HOUSE
BUSINESS-EX
BUSINESS CENTER DRIVE
80'
SOU TH
T.H. 10
LINE
O.L. A
1 1 1
1
z
Z
o 5oo
I ~
~d R. C:¢een Company
CONSULTING ENGINEERS
EXTINGUISHMENT OF ACCESS
EXTINGUISHMENT OF ACCESS
Date:
C.S. 7102 (10=3) 903
Parcel 279
County of Sherburne
For a valuable consideration, City of Elk River, a municipal corporation under the laws of
the state of Minnesota, Grantor, hereby conveys and quitclaims to the State of Minnesota,
Grantee, all existing or potential common law or statutory easement of access to premises
in Sherburne County, Minnesota, described as follows:
All right of access being the right of ingress to and egress from Tract A described below to
Trunk Highway No. 10:
Tract A.
That part of the Northeast Quarter of the Southeast Quarter of Section 31,
Township 33 North, Range 26 West, Sherburne County, Minnesota, described
as follows: A strip of land 80 feet in width, over that part of said Section 31, the
north line of which is contiguous with the south right of way line of Trunk
Highway No. 10.
Grantor is the owner of the above described premises and has the lawful right
and authority to convey as above set forth.
Grantor, for itself, its successors~ and assigns, does hereby release the State of
Minnesota, its successors and assigns, from any claims for damages resulting to the above-
described tract and grantor's adjoining premises that result or may result from the
extinguishment of access as aforesaid.
CITY OF ELK RIVER
By
Its Mayor
And
Its Clerk
Page 1 of 2
STATE OF MINNESOTA )
) SS.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of
, by and
, the Mayor and Clerk of City of Elk River,
a municipal corporation under the laws of the state of Minnesota, on behalf of the municipal
corporation.
NOTARY PUBLIC
My commission expires:
This instrument was drafted by the
State of Minnesota, Department of
Transportation, Legal and
Real Estate Conveyance Unit,
St. Paul, Minnesota 55155
R44477G.04W