Adopt Resolution #22-113 Approving Shawn Acres Park Cartway Easement Agreement to Thorn Lake Property (PID #04-32-25-31-0001); Case of Thomas Kurak

Purpose:
The purpose of this case is to adopt Resolution #22-113 approving the Cartway Easement Agreement through Shawn Acres Park providing a cartway to Thorn Lake Property PID #04-32-25-31-0001.
 
Background:
On August 18, 2021, the City of Ramsey received an official petition from Tom Kurak (the “Petitioner”) 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 173rd Avenue NW.
 
Following the Public Hearing, Staff worked with the Petitioner to prepare two draft cartway easement agreements, with one agreement being between the Petitioner and the property owners at 7705 173rd Avenue NW to acquire a cartway easement over, under, and across 2,899 square feet of their private property, and the other agreement being between the Petitioner and the City to acquire a cartway easement over, under, and across 32,132 square feet of Shawn Acres Park along the southerly and easterly 33 feet of the park.
 
On April 15, 2022, the Petitioner emailed the City Administrator, City Engineer, as well as all City Council members, noting objections to two conditions in the draft agreements.
 
On April 26, 2022, Staff received direction from the City Council following discussions with the Petitioner and Staff during the Council’s work session, which Staff used to prepare two final cartway easements agreements.
 
The Petitioner and the property owners at 7705 173rd Avenue have snice executed the final agreement between these two parties, and the Petitioner recorded the executed agreement on May 6, 2022. A copy of this recorded agreement is attached to this case. 

The Petitioner has also signed the final agreement prepared by Staff for Shawn Acres Park on May 4, 2022. A copy of this agreement with the Petitioner’s signature is attached to this case. 

The City Attorney reviewed and approved both final agreements as to legal form.  

Observations:
Following City Council approval of the final cartway easement agreement for Shawn Acres Park, the City Administrator and Mayor will sign two copies of the agreement and Staff will record the agreements at the Anoka County Government Center. Staff will then keep one copy for City files, and will provide the other copy to the Petitioner.
 
As per City Council direction, Staff will release $14,500 of the escrow submitted by the Petitioner.   

Staff recommends adopting Resolution #22-113 approving the Cartway Easement Agreement through Shawn Acres Park providing a cartway to Thorn Lake Property PID #04-32-25-31-0001.   

Adopt Resolution #22-113 approving the Cartway Easement Agreement through Shawn Acres Park providing a cartway to Thorn Lake Property PID #04-32-25-31-0001.