Provide Direction on Terms of Shawn Acres Park Cartway Easement Agreement for Thorn Lake Property PID #04-32-25-31-0001

Purpose:
The purpose of this case is to provide direction to Staff regarding various conditions of the Shawn Acres Park Cartway Easement Agreement for Thorn Lake Property PID #04-32-25-31-0001.
 
Background:
On August 18, 2021, the City of Ramsey received an official petition pursuant to Minnesota Statute 435.37 requesting establishment of a cartway to access the landlocked Thorn Lake parcel having PID #04-32-25-31-0001 (the “Subject Property”).  A copy of the petition is attached.
 
Minnesota Statute 435.37, subd. 1(a), requires a city council to establish a cartway at least two rods wide connecting a petitioner’s land to a public road if a petition is presented by the owner of a tract of land containing at least five acres who has no access thereto except over lands of others.
 
Minnesota Statute 435.37, subd. 1(b), states that the city council may select an alternate route other than that petitioned for if the alternate route is deemed by the city council to be less disruptive and less damaging to the affected landowners and in the public’s best interest.
 
Minnesota Statute 435.37, subd. 1(c), states that the amount of damages must be paid by the petitioner to the city before the cartway is opened. For the purposes of said subdivision, damages means (1) the compensation (if any) awarded to the owner of the land upon which the cartway is established and (2) the costs of professional and other services, hearing costs, administrative costs, recording costs, and other costs and expenses that the city may incur in connection with the proceedings for the establishment of the cartway.
 
On September 14, 2021, Staff presented the petition for cartway access to the Subject Property to the City Council, outlined the petitioner’s requested cartway route, and presented two alternate routes developed by City Staff.
 
On October 12, 2021, the City Council adopted Resolution #21-291 designating the route for the petitioned cartway access to the Subject Property using Staff’s recommended route through Shawn Acres Park, and ordering a Public Hearing for 7 pm on December 14, 2021.
 
On November 9, 2021, the City Council adopted Resolution #21-316 rescheduling the Public Hearing at the request of the petitioner to 7 pm on February 8, 2022, to allow the petitioner to attend the hearing and to provide additional time for the petitioner to serve required hearing notices.
 
On February 2, 2022, the petitioner submitted notarized affidavits to the City verifying that the required Public Hearing notices were delivered to all parties within the required timelines and provided an escrow payment of $20,000 to cover the City’s costs and expenses related to their petition request.  The petitioner also posted Public Hearing notices at the City’s posting places within the required timelines.
 
On February 8, 2022, the Ramsey City Council held a Public Hearing to receive public testimony, evidence, opinions, or views, and to approve the designated cartway route over, under, and across the southerly and easterly 33 feet of Shawn Acres Park, as well as over a 33-foot wide portion of the private property located at 7705 173^rd Avenue NW.
 
Since February 8, 2022, Staff has been working, in coordination with the petitioner, to develop two draft Cartway Easement Agreements. One cartway easement agreement is between the petitioner and the owner of the property at 7705 173^rd Avenue NW to acquire a cartway easement over, under, and across 2,899 square feet of their private property. The other easement agreement is between the petitioner and the City of Ramsey to acquire a cartway easement over, under, and across the southerly and easterly 33 feet of Shawn Acres Park, totaling 32,132 square feet.
 
Both easement agreements generally include 4 conditions including conditions for;

1. Compensation requirement to acquire cartway easement area, and
2. Petitioner’s right to clear and remove brush from easement area, and
3. Assignment of maintenance rights and responsibilities over easement area, and
4. Verification that cartway easement runs with land and that the property owner has the right to convey the easement to petitioner.

 
Prior to April 15th, Staff was of the understanding that the petitioner approved of the existing 4 conditions. But then on April 15th the petitioner sent an email to the City Administrator and City Engineer, as well as to all City Council members, noting their objections to two (unspecified) conditions, and stating that they “want to be heard by the Council at their next meeting date of 4/26/22 either during work session, or preferably during an official council meeting, so Council can give direction to staff regarding the discrepancies we feel are in the attached agreement between the City of Ramsey and the Kuraks”.  A copy of this email is attached.
 
On April 19th, the petitioner sent another email to the same Staff members and all City Council members stating their two objections to “The fees and the width 33 ft of the cartway…”.  A copy of this email is also attached.
 
Staff is therefore seeking direction from the City Council on these two conditions (fees and easement width) as related to the Shawn Acres Park cartway easement agreement, as well as any other conditions that Council would like to weigh in on.
 
Staff feels the required compensation sum of $5,550 is reasonable considering that all costs are not yet known, but that various costs will occur during the life of this easement including such costs as installing “No Parking” signs to allow unimpeded access to the easement from Chameleon Street, possible enforcement of these signs, loss of public use of the portion of the park within the easement area while the petitioner clears and removes brush within the easement area, loss of wildlife habitat, responding to questions from the public, etc.    

Staff anticipates 30 minutes will be needed to present this case and respond to questions.  

Unless the CIty Council directs otherwise, the petitioner is responsible for all costs related to this cartway easement. 

The City Engineer will present the case.  The City Administrator and City Attorney will be available for questions. 

The City Council is asked to provide direction to Staff regarding various conditions of the Shawn Acres Park Cartway Easement Agreement for Thorn Lake Property PID #04-32-25-31-0001.