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Lake Elmo City Council Minutes for July 7, 1987 Page 6 similar to this, the council felt that having access constituted having a benefit even though their property did not directly abut the street. Past MSA projects have been assessed to each individual lot on the basis of having access to an improved City street. They benefit in the same degree, regardless of lot size or how much frontage they have on the street. The benefit is improved access, not the amout of frontage. The proposal is is assess the project equally into 7 units. The only costs that are not eligible for State Aid reimbursement is if there is some legal fees (right-of-way acquisition) or excess engineering over and above the percentages allowed by the State Aid rules. The Engineer pointed out that there is no platted right-of-way and no dedicated road easements, but the public still has a right to use this road - "a prescriptive right". The road has been in existence for a certain number of years, the public has used it continuously without challenge or interruption and therefore the law says the public has the right to continue using it. A concern raised previously was the preservation of some of the trees along 47th Street, and the City Engineer was instructed to see what could be done to save the trees. The present State Aid rules state that on a rural road, there has to be an area called a "recovery area". It has to be free of obstacles. If a car were to leave the road it would not strike something and cause bodily injury and property damage. The rule for this road would be a recovery area of 20 feet (measured from the edge of the blacktop). The blacktop is 12 feet wide and a recovery area of 20 feet would make a clear zone of about 32 feet either side of the center line of the road. That is the rule that is causing difficulty in trying to save Steven's two large Oak trees. An urban type road (with curb and gutter) has a different standard applied. Basically, with a curb the physical objects only have to be at least 2 feet behind the curb. The object is that the curb provides some type of protection of deflection if a car is getting close to going off of the road. The use of curbs on a rural type road are not automatically approved. It is at the discretion of the District State Aid Engineer, but earlier discussions have indicated that curbs could be used in this manner. The Engineer adivsed the council that he has developed a design that he believes meets the intent of the council. However, there are other trees along the project path that he feels should be given equal treatment (not just the Steven's trees). Graves questioned if this curb proposal is acceptable on a 40 mph speed limit road, and asked if this proposal would be acceptable according to safety standards or are we creating a hazardous situation. Bohrer responded that in his opinion a curb does not prevent someone from leaving the roadway. Even a six-inch curb (which is considered the maximum height) would be easy to get over. Bohrer reiterated that approval of a curb used in this fashion is at the discretion of the District State Aid Engineer. If he recommends that this design be approved, the Central Office of State Aid will go along