Adopt Resolution #16-06-110 Approving Permanent Trail Easement Agreement on Outlots B and D, Northfork Moors Addition

Attached Figure A shows a portion of the existing regional pedestrian trail system north of Alpine Drive connecting to the Northfork development. The majority of the trail system was constructed in the mid to late-1990’s.  The “Outlot B Segment”, identified graphically in Figure A and in Exhibit B of the attached easement agreement, was constructed with the original trail but was not constructed within the easements platted with Northfork Moors Addition for reasons unknown to City staff.  The “Outlot D Segment” was constructed later (in the summer of 2011) and also was not constructed to align with easements platted with the Northfork Moors Addition.  Aerial images suggest these trail segments may have been constructed outside of platted easements to avoid wetland impacts and/or to provide more convenient trail system access.  Whatever the reasons, these trail segments are not currently encumbered by permanent trail easements but should be to allow the City to legally maintain the trail connections in perpetuity.

Upon researching this issue, staff found the Northfork Homeowners Association (NFHOA) had been working with the City in May of 2011 to execute a Right of Entry Agreement for constructing the trail segment in Outlot D.  See attached email correspondence between Mr. William Kingston, then NFHOA Board member, and Mr. Tim Himmer, then Ramsey City Engineer.  Per the email and attached Right of Entry Agreement, the NFHOA was working on the final form of a trail easement, but then the paper trail ended and there is no record of any easements ever being conveyed.
 
Staff has therefore been working with the NFHOA Board recently to execute the attached permanent trail easement agreement covering the two existing trail segments not encumbered by easements.  The attached permanent trail easement agreement was approved by the NFHOA Board at their May 2016 meeting, and has since been signed by the current NFHOA President, Mr. William Kingston.

Staff is requesting Council approval of the attached permanent trail easement agreement to grant the City permanent easements over the described 16-foot (Outlot B) and 20-foot (Outlot D) wide easement corridors to legally maintain the existing paved trail segments.

Notifications were not required for this case.

Observations:
As previously discussed by Council with the Andrie Street and 164th Lane Reconstruction project, these public trail connections provide a reasonable trail connection through the Northfork development and therefore provide significant benefit to the public.

Alternatives:
Alternative #1 – Motion to adopt Resolution #16-06-110 approving permanent trail easement agreement on Outlots B and D, Northfork Moors Addition.

Approving the attached permanent trail easement agreement will require payment of One Dollar to the Northfork Homeowner’s Association which is proposed to be taken from Trail Funds.

City staff recommends alternative #1.

Adopt Resolution #16-06-110 approving permanent trail easement agreement on Outlots B and D, Northfork Moors Addition.