7.15. SR 12-19-2005
Item I 7.15.
13065 Orono Parkway
Elk River, MN 55330
December 7, 2005
File: 226-034P
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River MN 55330
RE: COUNfYHIGHWAY 40 RIGHT-OF-WAY
Dear Council Members:
On Tuesday, December 6, 2005 Council Member Motin and I met with La V onn Nordeen,
who lives at 18681 Cleveland Street to discuss questions and issues she had regarding the
County Highway 40 right-of-way acquisition. First, Ms. Nordeen was concerned about
acquiring by quit claim deed a 50-foot strip across the frontage of her property, because loss
of this acreage would put her entire parcel below 10 acres. A parcel of 10 acres or more is
important in maintaining an agricultural classification and potential "green acre" status for
taxing purposes. Prior to our meeting, I discussed this issue with Kathy Heaney, Sherburne
County Attorney, and she indicated that acquiring an easement for roadway, drainage and
utility purposes over the same area would be sufficient for County road purposes. I
explained this to Ms. Nordeen and had a copy of a standard easement document prepared
which I presented to her.
Ms. Nordeen indicated she was willing to sign the easement document with two conditions.
She was concerned that any maintenance of street, drainage or utility facilities within this
easement not be charged back to her, since she would still be the underlying land owner. I
explained to Ms. Nordeen that this has never been the City policy nor the County policy.
She asked for a letter indicating such. The second issue Ms. Nordeen has is a concern for
several evergreen trees (approximately 5) along the front of her property which will fall
within the 50-foot easement. She asked that these trees either be protected during the road
construction or be moved further into her property to be outside of the 50-foot easement
area. I indicated that I thought the City Council would be agreeable to either protect, move
or replace these trees as part of the signing of the easement.
Phone: 763.635.1000
Fax: 763.635.1090
www.cLelk-river.mn.us
County Highway 40 Right-of-Way
December 7, 2005
Page 2
Attached for the City Council's consideration is a letter I have prepared to send to Ms.
Nordeen regarding these two issues, along with the easement document. I am looking for
Council comments and/or approval prior to sending this to Ms. Nordeen. I will be in
attendance at your December 19th City Council meeting to discuss this issue further.
Sincerely,
~~
Terry J. Maurer, PE
City Engineer
S:\EngineerImprovProj\200S Improvement Projects\County Highway 40\120705 CC memo Nordeen.doc
13065 Orono Parkway
Elk River, MN 55330
December 20, 2005
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File: 226-034P
Ms. La V onn Nordeen
18681 Cleveland Street NW
Elk River, MN 55330
RE: COUNTY HIGHWAY 40 RIGHT-OF-WAY
Dear Ms. Nordeen:
I had an opportunity to discuss your concerns regarding the County Highway 40 right-of-
way acquisition with our City Council at last night's City Council meeting. After discussing
the issues you raised in the meeting with Council Member Motin and myself on Tuesday,
December 6, 2005, the City Council directed me to send you this letter. With regard to your
two concerns, the Council indicated the following:
1. The City of Elk River has never in the past charged an underlying land owner for
maintenance of improvements of either street, drainage or utilities constructed in an
easement. The City Council has no plans to change this policy and does not anticipate
ever billing an underlying land owner for maintenance of City, County or private utility
facilities constructed in an easement.
2. With regard to the evergreen trees along the frontage of your property that will fall
within the 50-foot easement area, the City Council has directed me to work Sherburne
County staff to first try to protect the trees during the construction of County Highway
40. If the trees (approximately 5) cannot be protected, the City of Elk River will either
facilitate moving of these trees or replacement at a location to be determined by you.
This work will be done at no cost to you as the property owner.
Hopefully, this addresses the two issues you raised. Enclosed is a Grant of Easement for
Street, Utility, and Drainage Purposes which covers the 50-foot strip known as Parcel 14
from the Sherburne County Highway Right-of-Way Plat No. 30. Please sign this easement
Phone: 763.635.1000
Fax: 763.635.1090
. lk . S:\EngineerImprovProj\200S Improvement Projects\County Highway 40\1220 OSltr Nordeen.doc
WWW.C1.e-flver.mn.us
document and have it notarized and return to me in the self-addressed stamped envelope
enclosed. If there are any other questions or issues you have relative to this project, please
contact me at 763/635-1051 or tmaurer@ci.elk-river.mn.us
Sincerely,
T eny J. Maurer, PE
City Engineer
S:\EngineerImprovProj\2005 Improvement Projects\County Highway 40\1220 051tr Nordeen.doc