4.8. SR 02-16-1999
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ITEM 4.8.
Memorandum
River
TO: MAYOR AND CITY COUNCIL
FROM: STEPHEN ROHLF, BUILDING
& ZONING ADMINISTRATOR
SR
DATE: FEBRUARY 16, 1999
SUBJECT: RESEARCH OF FORMER
TOWNSHIP ROAD
REQUESTED BY CECILIA
SCHEEL
As requested, staff has researched the status of a township road running through Sections
11, 12, and 13, Township 33, Range 26, Sherburne County, Minnesota. The attached city
map shows the approximate location of this road.
This issue, raised by Cecilia Scheel, apparently is related to concerns over access to a
farm field owned by Allen Kastendick. The attached letter from the Sherburne County
Attorney's Office, dated 10/21/98, left the impression with Mrs. Scheel that the right-of-
way for the road in question might still exist and that this issue should be raised with the
. city.
However, city staff was able to uncover the final road order by the Elk River Town Board
which vacated this road in February of 1968. Mr. Kastendick was one of the property
owners who sign the petition for the vacation. The information found by city staff was
sent to the County Attorney's Office. After review of this new information, the County
Attorney's Office sent a second letter indicating that the road in question no longer exists.
This second letter, dated 1/8/99, is also attached.
The property owned by Mr. Kastendick is identified on the attached map. All of the
parcels owned by Mr. Kastendick are adjacent to each other so none are landlocked.
With the former township road in this area being vacated, the issue of Mr. Kastendick
accessing his field through property owned by others or through his own property is
between these neighbors. Staff feels that access to this field is not a city issue.
.
f:\shrdoc\b&z\stever\camascup.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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..tant County
leys:
Thomas N Price
Nancy J. Logenng
Thomas C. McNinch
Kathleen A Heaney
Chnstopher J. Johnson
Dean E. Emanuel
Leah G. Emmans
Sean P. Stokes
Investigator:
Gary E, Poslusny
Victim Services
Coordinators:
Mary Bender
Jennifer Petron
.
.
/.J;
Sherburne County
. Walter M. Kaminsky
County Attorney
Government Center
13880 Highway 10. Elk River. MN 55330-4601
(612) 241.2565
Fax (612) 241-2575
1-800-433-5244
October 21, 1998
Cecelia Scheel
10271 - 213th Avenue NW
Elk River, MN 55330
M. Moos
10246 ~ 221st Avenue NW
Elk River, MN 55330
Allen Kastendick
21975 Brook Road
Elk River, MN 55330
Tom Anderson
Sherburne County Highway Department
425 Jackson
Elk River, MN 55330
Dear All:
Diane from John Oliver's office was kind enough to research any evidence of vacation
order or abandonment of a road in the South Half of the Northeast Quarter (S~ of
NEXt) in Section 11, Township 33, Range 26. She did not find any evidence of a road
order for either abandonment or vacation. The records reviewed were in the
Sherburne County Recorder's Office.
I believe now that your next alternative is to raise the issue with the City of Elk River.
We can ensure up to the section line from County Road 21 that the easement can
service the "back properties." I will let you continue your contact with Mr. Anderson
on that issue. It was a pleasure to see you all and I hope we may meet under better
circumstances. .
Cordially,
.~.
athleen A. Heaney
Assistant Sherburne County Attorney
KAH:lc
AsAt County
Attorneys:
Th::>mas N. Price
Nancy J. Logenng
Th::>mas C. McNinch
Kathleen A. Heaney
Cnristo;:ner J. Johnson
Dean E. Emanuel
Leah G. Emmans
Sean P. Stokes
Investigator:
Gary E. Poslusny
Victim Services
Coordinators:
Mary Bender
Jennifer Petron
.
.
JMl f 2 tggg
Sherburne County
Walter M. Kaminsky
County Attorney
Government Center
13880 Highway 10 · Elk River. MN 55330-4601
. (612) 241-2555
Fax (612) 241-2575
1-800-433-5244
January 8, 1999
Cecelia Scheel
10271 - 213th Avenue NW
Elk River, MN 55330
M. Moos
10246 - 221 st Avenue NW
Elk River, MN 55330
Dear Ladies:
Enclosed please find additional information that was found with the assistance of the City
of Elk River and their capable staff.
Specifically, 1) the Supervisor's Road Order dated February 5, 1895 establishing the road
that you had questions on; and 2) the Order to Vacate the same road dated February 24,
1968. Please note the petitioners who sought vacation of the same included Allen
Kastendick, Donald Biddick and R. Schmiege.
I believe this information now brings closure to your search on this matter. I do not
believe, however, that it was the answer you ladies sought. At least it is an answer. By
copy of this letter, I would like to thank the invaluable assistance from the City.
Cordially,
Kathleen A. Heaney
Assistant Sherburne County Attorney
KAH:lc
Enclosures
cc: Steve Rohlf