Adopt Ordinance to Vacate a Portion of Right-of-Way and Drainage and Utility Easement Adjacent to and on 14241 Fluorine St NW; Case of City of Ramsey

This past summer, a building permit application for the construction of a detached accessory building at 14241 Fluorine Street NW was processed.  Through the review process, the applicant discovered that there was platted right-of-way for a cul-de-sac bulb, which was never constructed, that terminated about fifteen (15) feet from his home, as well as a slight trail encroachment across a corner of his property.  The property owner requested that the excess right-of-way be vacated and in exchange, he would execute a trail easement to address the encroachment. 

This matter was presented to the Public Works Committee on October 18, 2011.  Their recommendation, which was subsequently ratified by the City Council on November 7, 2011, was to vacate the excess right-of-way contingent on the property owner executing a trail easement to address the trail encroachment.  Furthermore, their recommendation also stipulated that the City initiate the process and be responsible for the costs associated with processing the right-of-way and easement vacation.

In accordance with State Statute and City Code, Staff attempted to notify all property owners within 350 of the Subject Property of the Public Hearing via Standard US Mail. A Notice of Public Hearing was also published in the Anoka County Union.

A public hearing was held at the December 13, 2011 City Council meeting and there were no written or verbal comments received.  That same evening, the City Council introduced an ordinance to vacate a portion of platted right-of-way and drainage and utility easement adjacent to and on 14241 Fluorine St NW.  In accordance with the City Charter, the ordinance is now eligible for adoption.

City Staff recommends adopting the ordinance to vacate a portion of platted right-of-way and drainage and utility easement adjacent to and on 14241 Fluorine St NW contingent on the property owner executing a trail easement to address the trail encroachment in the northwest corner of the property.

This is being handled as part of Staff's regular duties, per the direction of the Public Works Committee.

Motion to waive the Charter requirement to read the ordinance aloud -AND- adopt the ordinance to vacate a portion of platted right-of-way and drainage and utility easement adjacent to and on 14241 Fluorine St NW, as shown on the attached exhibit, contingent upon the property owner of 14241 Fluorine St NW dedicating and executing a trail easement related to the trail encroachment.

Roll Call Vote:

Councilmember Tossey
Councilmember Backous
Councilmember Wise
Councilmember McGlone
Councilmember Strommen
Councilmember Elvig
Mayor Ramsey