Introduce Ordinance #17-15 Vacating Pedestrian Trail Easement on Lot 6, Block 3, Wildlife Sanctuary Third Addition

Purpose:
The purpose of this case is to introduce an ordinance vacating an existing 7½ -foot wide pedestrian trail easement on Lot 6, Block 3, Wildlife Sanctuary Third Addition.

Background:
In June of 2013, the City of Ramsey and the property owners of Lot 6, Block 3, Wildlife Sanctuary Third Addition (15620 Krypton Street NW) jointly executed a Pedestrian Trail Easement Agreement establishing 7½ feet of pedestrian trail easement along the east edge of the property. The property owners agreed to this in exchange for the City removing a portion of a pedestrian trail through their rear yard and restoring the area with turf.

Attached is historical information explaining these past actions in detail. This information discusses the intent of the City to maintain this pedestrian trail easement with the hope of extending the trail through the easement to connect to future regional trails outside of the subject property.  Since then, one of the properties, which was owned by the State of Minnesota and was primarily undevelopable due to numerous wetlands and low-lying areas, was sold to a private party.  Staff therefore no longer anticipates that a regional trail connection is, or will be, feasible.
 
The subject property owners are now requesting that the City vacate this pedestrian trail easement to prevent random pedestrian use of the easement, which now directs pedestrians onto private property.

Since the opportunity to provide a connection to a regional trail using this easement no longer exists, and since the easement now directs pedestrians onto private property, Staff supports the request of the subject property owners.
 
It is important to note that an underlying platted drainage and utility (D&U) easement would still exist allowing City Staff to access and maintain all existing and proposed trunk sanitary sewer lines north of the subject property.

The City will utilize the introduction phase of the ordinance to call for a Public Hearing at the November 14, 2017, City Council Meeting. 

Upon Council approval, Public Hearing Notices will be published in the Anoka Union Herald on October 27 and November 3, 2017, and notices of the hearing will be mailed to all properties within 350-feet of the easement that is proposed to be vacated as required by City code. 

Since the underlying drainage and utility easement will remain in place, Staff will not notify utility providers.

Observations
The approved plat for Wildlife Sanctuary Third Addition is attached for reference.  The platted drainage and utility easements are highlighted on the subject property.
 
Also attached is proposed Ordinance #17-15, along with copies of Minnesota Statute 412.851, and City Charter Chapters 3 and 12 as referenced in the ordinance.

Alternatives:
Alternative #1 – Motion to introduce Ordinance #17-15 vacating the 7½-foot wide pedestrian trail easement on Lot 6, Block 3, Wildlife Sanctuary Third Addition.
 
Alternative #2 – Motion of other.

All costs associated with vacating the easement are the responsibility of the City.

Staff recommends that the City Council introduce the Ordinance.

Motion to introduce Ordinance #17-15 vacating the 7½-foot wide pedestrian trail easement on Lot 6, Block 3, Wildlife Sanctuary Third Addition.