4.3. SR 06-21-2021
Request for Action
To Item Number
Mayor and City Council 4.3
Agenda Section Meeting Date Prepared by
Consent June 21, 2021 Justin Femrite, Public Works Director
Item Description Reviewed by
Turnback Agreement with Sherburne County Cal Portner, City Administrator
Reviewed by
Action Requested
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Approve, by motion, Turnback Agreement with Sherburne County for a jurisdictional swap of CR 79 and 209
Avenue in Elk River.
Background/Discussion
The parties to this agreement have exhibited concern for the jurisdiction of certain roadways and consider it
mutually desirable to remove County Road 79 in its entirety from the county system (1,500-linear feet in Elk
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River) and remove 209 Avenue west of County Road 32 from the city system (920-linear feet in Elk River). The
agreement further details similar exchanges of the extension of these routes through Big Lake Township.
The agreement has been reviewed by all parties. Based on meeting schedules of each entity, Elk River is the first to
sign and approve the agreement. The jurisdictional swap is scheduled to be affective on July 11, 2021.
Financial Impact
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The agreement details recent reconstruction efforts on both CR 79 and 209 Avenue that satisfy both receiving
parties. As such, there is no monetary exchange proposed between the City of Elk River and Sherburne County.
Mission/Policy/Goal
Meet changing needs
Attachments
Turnback Agreement
Location Figure
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
Sherburne County Turnback Agreement between
Sherburne County, Big Lake Township, and Elk River
Whereas, Sherburne County Road 79 (County Road 79) is presently a road
located primarily within Big Lake Township, Minnesota, and partially within Elk River,
Minnesota; and,
Whereas, the parties to this agreement have exhibited concern for the jurisdiction
of certain roadways; and,
Whereas, all parties to this agreement consider it mutually desirable to remove
County Road 79 in its entirety from the County System; and,
Whereas, all parties to this agreement consider it mutually desirable to remove
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209 Avenue between CSAH 15 and County Road 32 from both the City and Township
Systems; and,
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Whereas, 209 Avenue is presently a local road located primarily within Big Lake
Township, Minnesota, and partially within Elk River, Minnesota; and,
Whereas, County Road 79 was identified as a road that has local functional class
per the Sherburne County Long-Range Transportation Plan dated October 2019; and,
Whereas, Sherburne County seeks to turn back its interest in County Road 79 to
Big Lake Township and Elk River pursuant to Minnesota Statute 163.11; and,
Whereas, both Big Lake Township and Elk River, are transferring their interest in
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209 Ave. to Sherburne County pursuant to Minnesota Statute 163.11; and
Now, therefore, Sherburne County, Big Lake Township, and Elk River agree as
follows:
1. The information set forth in the Whereas clauses are incorporated into this
Agreement as if fully set forth.
2. Sherburne County has performed a reclaim and overlay on County Road 79 in
accordance with county plans CP 071-679-019 as part of its construction schedule
for 2020. This work was done at a significantly higher cost than simple a “mill
and overlay”. Because of the recent significant investment in County Road 79,
Big Lake Township and Elk River shall not seek any additional fiscal
reimbursement, maintenance, or additional upgrade to the present County Road
79 following the project completion and acceptance of the work by the County.
Specifically, Big Lake Township is accepting the enhanced investment to County
Road 79 in lieu of the two-year maintenance after turn back. (See, Minn. Stat.
163.11, Subd. 5(a) and 5(b)).
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3. Sherburne County shall assume jurisdiction of 209 Ave. between CSAH 15 and
County Road 32 on the same date of the turn back of County Road 79 to both Big
Lake Township and Elk River. These jurisdictional transfers shall simultaneously
occur on July 11, 2021 at 11:59:59 pm.
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4. Sherburne County shall reconstruct 209 Avenue between CSAH 15 and County
Road 32 in accordance with county plans CP 071-694-020 as part of a future
County construction schedule. The reconstruct shall be designed, bid, awarded,
and completed by Sherburne County.
5. Big Lake Township shall pay to Sherburne County the sum of $375,000 which
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reflects a portion of the cost to bring that part of 209 Avenue located within the
township up to county road standards. The payment shall be made in 3 equal
amounts. The first payment is due January 15, 2022, the second on or before
January 15, 2023 and the final payment on or before January 15, 2024.
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6. Elk River recently completed a project on 209 Avenue for that portion of the
road that lies within their jurisdiction and therefore shall not participate
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financially in the reconstruction of 209 Ave.
7. Sherburne County shall turn back County Road 79 to both to Big Lake Township
and Elk River within their respective jurisdictions with the following to occur:
A. The road work on County Road 79 as stated in paragraph 1, above.
B. Compliance with the hearing and notice requirements of Minn. Stat.
163.11, Subd. 5(a) and the adoption of a resolution by the Sherburne
County Board approving the turn back of County Road 79 to Big Lake
Township;
C. Approval of this Agreement by the Council for Elk River, the Township
Board for Big Lake and the County Board for Sherburne;
D. The staking, mapping and notice for the marking of boundaries of County
Road 79 pursuant to Minn. Stat. 160.14, Subd. 1 and 2 and filing of the
monumentation plat with the County Recorder/Registrar (satisfying Minn.
Stat. 163.11, Subd. 5(a)(2));
E. Copies of all documentation on file with the Sherburne County Surveyor
regarding County Road 79 shall be delivered to Big Lake Township and
Elk River for their respective jurisdictions; and
F. Copies of documentation on file with Sherburne County Public Works on
the physical construction (i.e.: engineering studies, maps, utility permits,
county road crosscuts, etc.) shall be delivered to Big Lake Township and
Elk River for their respective jurisdictions.
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8. Big Lake Township and Elk River shall transfer interest in 209 Avenue between
CSAH 15 and County Road 32 to Sherburne County with the following to occur:
A. Compliance with the statutory requirements of Minn. Stat. 163.11 for the
turn back of County Road 79 to Big Lake Township;
B. Approval of this Agreement by the Council for Elk River, the Township
Board for Big Lake and the County Board for Sherburne;
C. Copies of all documentation on file with Big Lake Township and Elk
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River on 209 Avenue between CSAH 15 and County Road 32 shall be
delivered to Sherburne County Public Works including, but not limited to,
information on physical construction, soil samples, engineering studies,
utility location/permits, maps, cross cuts etc.; and
D. Big Lake Township and Elk River shall transfer all easements or fee title
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for 209 Ave., including, but not limited to, right of way and flowage
easements between CSAH 15 and County Road 32 to Sherburne County.
Such transfers shall be by quit claim deed.
9. If, within the timelines set forth in Minn. Stat. 160.14, an abutting landowner
serves notice, the County of Sherburne, through its County Attorney, shall take
such action to establish the boundaries by stipulation or judicial determination.
All costs associated with the establishment of boundaries shall be borne by
Sherburne County. The determination of the court or any stipulation entered into
by the County shall be binding on Elk River and Big Lake Township. The
County shall be responsible for any costs associated with this action. Elk River
and Big Lake Township shall not seek any costs or damages from Sherburne
County as a result of this action.
10. All contracts let and purchases made pursuant to this Agreement shall be made by
the County in conformance with State law.
11. A strict accounting shall be made of all funds and a report of all receipts and
disbursements shall be made upon request by all parties.
12. For purposes of delivery of any notices herein, the notice shall be effective if
delivered to the Sherburne County Administrator, 13880 Business Center Drive,
Suite 100, Elk River, MN 55330, on behalf of the County; to the Big Lake
Township Clerk, 21960 County Road 5 NW, PO Box 75, Big Lake, MN 55309,
on behalf of the Township; and to the Elk River City Administrator, 13065 Orono
Pkwy NW, Elk River, MN 55330, on behalf of the City.
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13. The Township, City and County mutually agree to indemnify and hold harmless
each other from any claims, losses, costs, expenses or damages resulting from the
acts or omissions of the respective officers, agents, or employees relating to
activities conducted by the party under this Agreement.
14. It is understood and agreed that this is the entire agreement of the parties which is
contained herein and that this Agreement supersedes all oral agreements and all
negotiations between the parties relating to the subject matter thereof, as well as
any previous agreement presently in effect between the parties relating to the
subject matter thereof. Any alterations, variations, or modifications of the
provisions of this Agreement shall be valid only when they have been reduced to
writing and duly signed by the parties.
Date:
Bruce Aubol
Big Lake Town Board Chairperson
Date: ________________________ ___________________________________
Brenda Kimberly-Maas
Big Lake Township Clerk
Date:
John Dietz
Elk River Mayor
Date: ________________________ ___________________________________
Tina Allard
Elk River City Clerk
Date:
Raeanne Danielowski
Sherburne County Board of Commissioners-Chair
Date:
Bruce Messelt
Sherburne County Administrator
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CR79
CSAH 1 (Elk
Lake Rd)
CSAH 33
(Ranch Rd)
CR32
(Meadowvale Rd)
209th Ave