Approve Receipt of Pedestrian and Bicycle Trail Easement

On September 18, 2013, the City received a Building Permit application for the construction of a single family home on Lot 5, Block 2 Meadow. A review of the Certificate of Survey as well as the County's property records, revealed that there was a public trail across the rear portion of the lot without a recorded trail easement.

This trail was required as part of the Meadow subdivision.  However, prior to its construction, the original developer walked away from the project.  The City drew upon the surety to construct the trail as shown on the approved plans.  It does not appear that trail easements were ever provided for or recorded against Lots 1-7 Block 2 and Outlot B Meadow. Staff has discussed this matter with the current property owner of Lot 5 Block 2 Meadow, Pinto Properties LLC, who has agreed to grant the City a trail easement to address the encroachment. The easement identifies the City as being responsible for all costs to construct and repair the surface of the trail as well as providing snow removal (as is typical for all City trails). The property owner (including successors and assigns) shall be responsible for maintaining the grass and vegetation within the easement area.

Failure to accept the easement would require the trail to be removed/relocated, likely at the City's cost.  Furthermore, the parcel is adjacent to CSAH 5 (Nowthen Blvd) and thus, relocating the trail into the right-of-way would be subject to approval by Anoka County. 
 

City Staff recommends authorizing the Mayor and City Clerk to execute the easement document accepting the pedestrian and bicycle trail easement on behalf of the City.

The City will be responsible for recording the pedestrian and bicycle trail easement document with Anoka County. The current recording fee is forty-six dollars ($46.00)

Motion to adopt Resolution #13-10-175 accepting the granting of a trail easement to the City.