PUBLIC HEARING: Adopt Resolution #24-266 Vacating a Right-of-Way Easement Encumbering the Northern Cul-de-Sac on Bowers Drive Associated with Pearson Place 2nd Addition (Project No. 24-100); Case of Development Consulting Services, LLC

The City has received an application from Development Consulting Services, LLC (the "Applicant") for an Easement Vacation and Final Plat for Pearson Place 2nd Addition.  The property is legally described as Outlot A, Riverstone South, and is situated between Highway 10, Bowers Drive, Riverdale Drive, and 148th Avenue (the "Subject Property").  A separate case, on this evening's Consent Agenda, addresses the Final Plat and Development Agreement.  This case focuses solely on the Easement Vacation.

As part of the Ramsey Gateway Highway 10 project, the Bowers Drive connection to Highway 10 was eliminated in late 2022 and/or early 2023.  At that time, the City installed a cul-de-sac bulb at the north end of Bowers Drive, which required a Right-of-Way Easement (Document No. 2368247.007).  Now that the Subject Property is being platted into three (3) residential lots, this easement is no longer necessary, as right-of-way will be dedicated with the recording of the Pearson Place 2nd Addition plat.  By vacating this right-of-way easement and capturing the necessary right-of-way via the plat, it keeps the title clean.  Ultimately, the location and area of right-of-way will be the same, but now it will be reflected on the plat and on the parcel layer used with GIS.

The City did hear from one private utility company (Lumen), who noted that they have both overhead and underground cables along the east side of Bowers Drive and preferred to keep their easement rights.  Since the easement vacation would be contingent upon the recording of the Pearson Place 2nd Addition plat, it will have no bearing on their infrastructure or their right to access their infrastructure.

Both the Applicant and the Property Owner (Pearsons) have requested that they not be responsible for the costs associated with this request (costs would include the public hearing notice in the newspaper, mailing of the public hearing notice to property owners within 350 feet of the Subject Property, Staff time for case preparation, and recording costs).  They have stated that the easement benefited the City of Ramsey and that they granted the easement at no cost and therefore, their belief is that the City should be responsible for the cost associated with vacating this right-of-way easement.  Staff is seeking direction from City Council on the Applicant's request to waive any costs associated with this aspect of the project.

Typically, the Applicant would be responsible for all costs associated with this request.  However, as previously noted, the Applicant and the Property Owner have asked that City Council consider waiving their financial responsibility related to the easement vacation.

Staff recommends vacating the right-of-way easement, contingent upon recording of the Pearson Place 2nd Addition Final Plat.

Motion to adopt Resolution #24-266 vacating the right-of-way easement (Document No. 2368247.007) encumbering the Subject Property.