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MnDOT Contract No.: 1062311 <br />-1- <br />Turnback – may or may not involve trunk highway funds – frontage road <br />STATE OF MINNESOTA <br />And <br />CITY OF LAKE ELMO <br />CHANGE OF ROADWAY JURISDICTION <br />AGREEMENT <br />State Project Number (S.P.): 8204-57 <br />Trunk Highway Number: 36=45 <br />Purpose: State release of a portion of South Frontage Road to the City of Lake Elmo within the City limits between <br />Keats Avenue and approx. 0.4mi East of County State Aid Highway (CSAH 17)/Lake Elmo Avenue. <br />This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("MnDOT") <br />and City of Lake Elmo, a political subdivision of the State of Minnesota acting through its City Council ("Political <br />Subdivision"). <br />RECITALS <br />1.Minnesota Statutes §161.20 authorizes MnDOT to enter into agreements with other governmental <br />authorities to carry out the purposes of Minnesota Statutes Chapter 161; and <br />2.The Political Subdivision is a Road Authority as defined in Minnesota Statutes §160.02 (subd. 25); and <br />3.South Frontage Road will be constructed under SP 8204-57; and <br />4.MnDOT has determined that a portion of South Frontage Road between Keats Avenue and approximately <br />0.4 miles East of CSAH 17/Lake Elmo Avenue ("Roadway Segment") is no longer needed for trunk highway <br />purposes; and <br />5.Cooperative Construction Agreement No. 1060495 between MnDOT, Washington County and the City of <br />Lake Elmo will address cost participation and maintenance not covered in this Agreement; and <br />6.The parties agree the Political Subdivision is the proper road authority; and <br />7.The parties have entered into this Agreement to provide for the orderly release of the Roadway Segment to <br />the jurisdiction of the Political Subdivision. <br />AGREEMENT <br />1.Effective Date; Survival of Terms <br />This Agreement will be effective on the date last signed below by the parties and by such other State of <br />Minnesota officials as required by Minnesota Statutes §16C.05. This Agreement will remain in effect until <br />MnDOT has (1) served a Notice of Release, and (2) made payments (if any) as required by this Agreement. All <br />clauses which impose obligations continuing in their nature and which must survive in order to give effect to <br />their meaning will survive the expiration of the Agreement. <br />2.Identification of Roadway Segment; Right-of-Way Determination <br />The Roadway Segment covered by this Agreement is described as South Frontage Road from Keats Avenue, a <br />distance of approximately 0.4 miles East of CSAH 17 / Lake Elmo Avenue within the City limits of Lake Elmo. See <br />Exhibit A which is attached and incorporated into this Agreement. MnDOT will determine the final right-of-way <br />limits prior to transfer to the Political Subdivision.