4.9. SR 12-02-2019
Request for Action
To Item Number
Mayor and City Council 4.9
Agenda Section Meeting Date Prepared by
Consent December 2, 2019 Zack Carlton, Planning Manager
Item Description Reviewed by
Temporary Easement: Sherburne County, CSAH 1/
Jenna Fabish, Assistant City Engineer
Proctor Road Construction Project
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Temporary Construction Easement Agreement for the CSAH 1/Proctor Road
construction project.
Background/Discussion
Sherburne County is moving forward with the planned improvements to CSAH 1/Proctor Road. The
project includes a dedicated right-turn lane onto west bound Highway 10, a raised median between
Highway 10 and the railroad tracks, and adding left turn lanes at 6 ½ Street. Construction for CSAH 1 is
planned for next summer. In 2021, MnDOT will be completing improvements to Highway 10 from
th
Xenia Avenue to 4 Street.
In order to facilitate the improvements, Sherburne County requires the temporary use of the city-owned
parcel along CSAH 1, which contains the stormwater pond near the new Beaudry Oil facility. As the use
is temporary in nature and will not have any permanent impacts, staff does not have any concerns with
the requested easement.
Financial Impact
None
Attachments
Easement Exhibit
Temporary Construction Easement Document
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
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PROCTOR AVENUE (CSAH 1)
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CITY OF ELK RIVER
758670010
15,246306 SF
PROCTOR AVENUE (CSAH 1)
4
SP 071-601-024
SHERBURNE COUNTY
Temporary Construction Easement
County Project No. 71-601-019
Sherburne County, Minnesota
On this ___________ day of ___________________________ , 2019.
FOR VALUABLE CONSIDERATION, City of Elk River, a municipal corporation under the laws of the
State of Minnesota, Grantor, hereby grants to the County of Sherburne, Grantee, a Political subdivision
of the State of Minnesota, a temporary easement over and across real property in Sherburne County,
described as follows:
See Attached EXHIBIT A
Said temporary construction easement shall be in effect January 1, 2020 to July 30, 2021.
GRANTOR(S) HEREBY AGREE to allow the grantee to alter the existing grade in the above described
easement area to the extent necessary to properly grade the reconstruction project.
GRANTEE HEREBY AGREES that the easement area shall be restored to its original condition as
nearly as possible except for trees, shrubs and gardens. Sod, topsoil, fences, mailboxes, and
driveways will be restored.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands the day and year first above
written.
A
STATE OF MINNESOTA
0010
-
ss.
}
867
COUNTY OF SHERBURNE
-
75
__________________________________
__________________________________
The foregoing instrument was acknowledged before me this _______________ day of
_____________________, 2019, by ___________________________ as
________________________ and by _________________________ as ________________________
of the City of Elk River, a municipal corporation under the laws of the State of Minnesota, Grantor.
NOTORIAL STAMP OR SEAL (OR OTHER TITLE OR BANK
Notary Public
Drafted by:
Sherburne County Public Works
13880 Business Center Dr
Elk River, MN 55330
EXHIBIT A
A temporary easement for construction purposes over, under, across and through part of the following
described property:
Outlot A, NEW RESOURCES ADDITION.
Said temporary easement being the East 5 feet of said Outlot A.