Consider Request for Amendment to Declaration of Easements at 8071 Riverdale Dr NW; Case of Arbor Commercial Group

The City has received a request to amend an existing Declaration of Easements related to the Ramsey Commons project located at 8071 Riverdale Dr NW. The site plan was approved in 2008, and included an approval to utilize the adjacent, vacant parcel for a temporary storm water pond until such time a permanent storm water solution was provided. Ultimately, the Applicant decided to connect to the regional storm water pond through permanent infrastructure improvements and thus, the temporary pond was never constructed. As such, the original easements for the adjacent lot are no longer necessary.

The storm water easements were recorded on the vacant lot for the benefit of the Ramsey Commons lot. The easements were private easements (not dedicated to the public) for purposes of providing storm water management for Ramsey Commons. Since these were not dedicated to the public, an application for Easement Vacation is not necessary for this request. However, since the City did consent to the Declaration of Easements in order to satisfy site plan approvals at the time, the City does need to consent to the amendment at this time as well.

After conferring with the City Engineer, Staff recommends approval of the amendment to the Declaration of Easement for 8071 Riverdale Dr NW.

The request is being handled as part of regular Staff duties.

Motion to approve the amendment to the Declaration of Easements related to storm water improvements at 8071 Riverdale Dr NW, subject to review by the City Attorney as to legal form.