RES 06-020
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RESOLUTION 06---2.0
A RESOLUTION FOR THE CITY OF ELK RIVER
COUNTY HIGHWAY 33 BETWEEN COUNTY HIGHWAY 77 AND U.S. HIGHWAY 169
AND COUNTY HIGHWAY 77 NORTH OF COUNTY HIGHWAY 33
TURNBACKAND RECONSTRUCTION AGREEMENT BETWEEN SHERBURNE
COUNTY AND THE CITY OF ELK RIVER
WHEREAS County Highway 33 between County Highway 77 and US Highway 169 and County
Highway 77 north of County Highway 33, located in the City of Elk River is
presently under the jurisdiction of Sherburne County as a County road; and
WHEREAS These segments of County Highway 33 and County Highway 77 have been
determined to serve a local function only as a local road; and
WHEREAS revocation of "County Road" status may be accomplished by resolution of the
Sherburne County Board of Commissioners pursuant to Minnesota Statute 163.11
Sub d.. 5b; and
WHEREAS it appears to the City Council of the City of Elk River that these segments of
County Highways 33/77 hereinafter described under tumback from Sherburne
County should be a Municipal State Aid Street under the provisions of Minnesota
Law; and
WHEREAS the legally described limits of County Highways 33 and 77 are as follows:
Description of County Highways 33 and 77 to be turned back to the
City of Elk River
That part of Sherburne County Highways 33 and 77 described as follows: Beginning at the
intersection of the centerline of U.S. Highway No. 169 with the centerline of Sherburne County
Highway No. 77 being located on the North line of the Northeast Quarter of the Northwest Quarter
of Section 15, Township 33, Range 26, Sherburne County, Minnesota; thence west along said
centerline of Sherburne County Highway No. 77 to the northwest comer of said Section 15; thence
south along the West line of said Section 15 to the southwest comer thereof; thence east along the
South line of said Section 15, being the centerline of said Sherburne County Highway No. 33, to the
intersection with the Westerly right of way line of said U.S. Highway No. 169 and there terminating.
NOW, THEREFORE, SHERBURNE COUNTY AND THE CITY OF ELK RIVER agree
to the following:
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1.
County shall reclaim and overlay these segments with the equivalent of 6 inches of Class 5
aggregate base, 2.5 inches of non-wearing course bituminous and 4 inches wearing course of
bituminous, paving two 14-foot lanes with 1 foot of gravel on each side.
2. County shall maintain these segments of County Highways 33/77 for two years under
Minnesota Statute 163.11 Subd. 5b.
3. Each Party shall be liable for its own acts and the acts of its representatives to the extent
provided by law and hereby agrees to indemnify, hold harmless, and defend each other, its
officers, employees and volunteers against any and all liability, loss, costs, damages, expenses,
claims or actions, including attorney's fees which the other, its officers, employees and
volunteers may hereinafter sustain, incur or be required to pay, arising out of or by reasons
of any act or omission of the Party, its agents, servants, employees or volunteers, in the
execution, performance, or failure to adequately perform its obligation pursuant to this
Agreement.
Passed and adopted this 21 st day of February, 2006.
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