Discuss Final Settlement Agreement for Retaining Wall Encroachment in Trott Brook Greenway Conservation and Trail Easement at 7349 168th Cir NW and Potentially Discuss a Broader Corridor Solution; Case of John and Jodell Seaman

This case has been updated on May 10 to clarify the requested discussion topic. 

Councilmembers Howell and Musgrove have requested a review of the case at 7349 168th Cir NW on tonight's Regular Agenda for a broader discussion with the City Council and Staff, inviting the Property Owner to share any concerns that they have. A Work Session discussion had been previously discussed by the City Council on this topic. 

The primary intent of this case is to discuss concerns surrounding the improvements at 7349 168th Cir NW. The Council could discuss the merits of vacating a portion of the easement between the existing trail and existing homes' back yards. 

Please note that even by vacating a portion of the Conservation and Trail Easement, certain areas of floodplain boundaries still exist. Staff has worked on a process with the DNR/FEMA do assist with this portion of these types of requests. 

Finally, Staff will be prepared to discuss strategies to avoid this situation in the future (acquiring by fee title/not easement, better survey markers at time of development, better recordable documents, regular communication at time of sale/annual reminders). 

30 minutes. 

This case is being handled as part of normal Staff duties.

7349 168th Cir NW

The cost to reimburse the grant for the Conservation and Trail Easement is estimated at $500 to $2,000, depending on appraisal. Staff has attempted to assist with Floodplain and Easement Vacation through Staff Time, Appraisal and Floodplain Modeling. 

Future Corridor-wide Approaches

The cost to vacate just the portion of the Conservation and Trail Easement along the entire corridor is estimated to cost between $10,000 and $20,000 in terms of surveying, engineering and reimbursement of grant funds. Any other alternative would require Special Legislation as the funding came from an office of the State Legislature. 

Deputy City Administrator

Discuss concerns related to the case at 7349 168th Cir NW and provide any desired direction specific to this case or the broader corridor in general.