03-10-1941 VCM
VILLAGE OF ELK RIVER COUNCIL MEETING
March 10, 1941
A special meeting was held at the Municipal Bldg on Mar 10, 1941 at 3:00 P.M.
Members present:
M.C. Tesch, Pres; Frank Nickerson, E.L. Shadick, and G.A. Bailey, Trustees; J.
Clinton Walker, Clerk
A representative of the Highway Dept. presented plans of Highway Number 10 and asked for grade
approval on that portion within the village limits. The plans covered that portion of the highway
west of the Concrete Products Spur track.
A motion was made by Frank Nickerson and seconded by E.L. Shaddick adopting the following
Resolution:
Whereas, the Commissioner of Highways of the State of Minnesota is about to designate the
location of Trunk Highway No. 10 formerly designated Trunk Highway No. 3 through the Village of
Elk River as shown upon the plan which is presented herewith and made a part hereof, and
Whereas, said Commissioner of Highways proposes to construct and improve said Trunk Highway
through said Village and has prepared plans for said construction and improvement, a copy of which
said plans are presented herewith and made a part of this resolution; and
Whereas, the construction and improvement of said Trunk Highway, Roadway or Structure, requires
a change in the grade of the streets in said Village along and upon which said Trunk Highway passes,
to provide greater width or capacity necessary for the accommodations of the village and the
highway traffic; and
Whereas it has been determined that said Trunk Highway be constructed and improved through said
Village in accordance with said plans and the standard Minnesota Highway Specifications and upon
the grade designated therein;
Now, therefore:
Be it resolved, that the location of said Trunk Highway and the said plans and specifications for the
construction and improvement of said Trunk Highways through said village be the same thereby are
approved; and
Be it further resolved that said Village hereby consents and approves the location and construction
of said roadway or structure to provide a greater width or capacity by changing the grade of the
streets along which said Trunk Highway passes as designated and shown in said plans attached
hereto and made a part hereof, for the accommodation of highway traffic, and assumes any and all
liability and responsibility and agrees to pay for all damages resulting directly or indirectly to any and
all property that may be damaged on account of the location, construction and improvement of said
proposed Trunk Highway No. 10 including any and all approaches and has not been included within
the right of way of said proposed Trunk Highway No. 10 that if any action or proceedings for
damages are commenced by any owner, tenants or other claimants by reason of the location,
construction or improvement of said highway, including any and all approaches and streets
commenced by any owner, tenants or other claimants by reason of the location, construction or
improvement of said highway, including any and all approaches and streets connecting therewith the
said Village does hereby contract and agree to intervene and defend such action or proceedings and
pay any damages that may be awarded in favor of such owner, tenants or claimants, together with
costs and disbursements of said action or proceedings and reasonable attorney’s fee.
Dated at Elk River, Minnesota, this 10 day of March, 1941.
Village of Elk River
By M.C. Tesch
Mayor Pres
Attest J.C. Walker
Clerk Recorder
Resolution,
Whereas, the commission of Highways of the State of Minnesota has now determined to designate
and make permanent the location of Trunk Highway No. 10, formerly designated Trunk Highway
No. 3, as the same traverses the Village of Elk River, as shown upon the plan and map hereto
attached and made a part hereof, and
Whereas, said Commissioner of Highways proposes to construct and improve said Trunk Highway
No. 10 through said Village and has prepared plans, specifications, and special provisions for said
construction, and
Whereas, said construction and improvement is to be accomplished with the aid of Federal funds,
and
Whereas, said project and said plans, in order to participate in Federal funds, require the approval of
the Federal Public Roads Administration, and
Whereas, said Public Roads Administration requires as a condition precedent to such approval the
assurance and covenant that the Village of Elk River will not license or permit hereafter, any
encroachment of any nature, including curb gas pumps or gas stations or billboards or other
structure of any kind whatsoever, on the right of way of said Trunk Highway No. 10 within the
corporate limits of said Village of Elk River as shown upon the plan and maps hereto attached, and
Whereas, in the furtherance of the public well being and safety it is desirable and necessary to
eliminate traffic hazards by eliminating any encroachments whatsoever now or hereafter existing in
or upon the said Trunk Highway right of way
Now, therefore:
Be it resolved that said village does hereby agree to covenant and it will never permit or suffer,
within its corporate limits any encroachment of any kind whatsoever, including curb gas pumps and
gas stations, billboards or other structures of any kind whatsoever, upon the right of way of Trunk
Highway No. 10 as shown on the plan and maps hereto attached and submitted by the Department
of Highways, State of Minnesota; and that to the above end said village hereby agrees that it will
never issue any license, permit, or grant or give any leave or liberty or any other consent of whatever
form for the construction or maintenance of any encroachment whatsoever, including curb gas
pumps and gas stations, billboards or other structures of any kind whatsoever upon said right of
way; and that said Village will cooperate insofar as possible to eliminate existing encroachments
constituting traffic hazards and will further take any necessary action to eliminate any encroachment
that may hereafter exist on said Trunk Highway right of way.
Dated at Elk River, Minnesota this 10 day of March, 1941.
Village of Elk River
By M.C. Tesch
Mayor President
Attest J.C. Walker
Clerk Recorder
Vote was unanimous for adoption.
A Resolution was introduced by G.A. Bailey requesting the highway department to provide a
pedestrian walk on the bridge which is to be build over Lake Orono on highway number 10 west of
Elk River.
The Resolution was seconded by Frank Nickerson. Vote was unanimous.
No further business. Meeting adjourned.
J.C. Walker M.C. Tesch
Clerk Pres