4.1. SR 04-26-1999
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ITEM #4.1.
MEMORANDUM
River
TO:
MAYOR AND CITY COUNCIL
FROM:
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE: APRIL 26, 1999 ~jt
SUBJECT: CITY ACCEPTANCE OF A PORTION
OF COUNTY DITCH #10
The attached map depicts that portion of Ditch # I 0 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.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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SHERBURNE COUNTY
REQUEST FOR BOARD ACTION
2/3 \ C,kM
Requested Board Date: February 3, 1999
Originating Department:..County Auditor
Flexibility: 0 YES x NO
Agenda Item (How you would like it listed on the
agenda):
Turnover of part of Ditch No. 10 to the City of Elk
River (on the Ditch Authority Agenda)
Presenter: Heaney
Estimated Time:
D Consent Agenda
D 30 Min.
D 5 Min.
D 45 Min.
1XI15 Min.
D 1 Hour
Board Action Requested: Oz.O~t1ti 'AfJ.f59V ,.. eW?JVltq. AD. tp}
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 173rd 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 0 None
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(Administrator's Department will omplete info tion below)
VERIFICATION OF AGEN ~ ITEM
Assigned Board Dateffime:
Amount of Time allotted:
Administrator's Department SignaturelDate:
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BOARD ACTION 0 Approved as Requested 0 Denied
Date of Action:
Comments:
County Administrator's SignaturelDate: ~ Be-.--
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FINDINGS AND ORDER
SHERBURNE COUNTY BOARD OF COMMISSIONERS
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DATE
OLO?;q~ . Av. q$
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
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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 Number10; that
agreement having been made moot by this assumption of right, titHe and interest as
set forth herein).
The foregoing resolution was moved by Commissioner ~ and seconded by'
Commissioner ~ .
Upon a roll call vote, the Commissioners voted as follows:
Commissioner Wergin aye '/. naye_
Commissioner Freidl aye T naye_
Commissioner Nagorski aye Y naye_
Commissioner Johnson aye~ naye_
Commissioner Engstrom aye "C naye_
The above resolution was duly adopted/defeated this ?Jrl day of _ ~'9.
Atteste to: