Approve Receipt of Pedestrian and Bicycle Trail Easement on 15216 Krypton St NW (Lot 2, Block 2, MEADOW)

The City has received a building permit application for a new single family home on Lot 2 Block 2 MEADOW.  A review of the Certificate of Survey for that lot, 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.  After further review, it was discovered that the entire segment of trail along Nowthen Blvd through the MEADOW subdivision traverses across the rear portion of the lots 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 secured an easement from the property owner of Lot 5 Block 2 MEADOW, which the City Council accepted at their October 8, 2013 meeting.  Staff has discussed this matter with the property owner of Lot 2 Block 2 MEADOW, Pinto Properties LLC, who has agreed to grant the City a trail easement to address the encroachment.  Staff will be working will all the remaining property owners to secure the proper easements.

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.  The description of the easement area is still be drafted and will be inserted into the document prior to execution.

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 Boulevard) and thus, relocating the trail into the right-of-way would be subject to approval by Anoka County.

There is still an escrow account related to the MEADOW subdivision.  As this was a requirement of the original developer that was never completed, the costs associated with recording the pedestrian and bicycle trail easement document with Anoka County will be charged to that escrow account.

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.

Motion to adopt Resolution #13-11-185 accepting the granting of a trail easement to the City.