Discuss Trail Easement at 15620 Krypton Street NW

In January of 2012 staff was contacted by an individual that was considering purchasing the property at 15620 Krypton Street NW.  The main topic of conversation was related to the existing bituminous trail that extends down the east property line and into the backyard.  He was inquiring whether there was a purpose for this trail, and when it might be utilized in the future.  Reviewing property files it was discovered that this trail was intended for a dual purpose; a maintenance access to the City's sanitary sewer system, and a pedestrian connection.

When WILDLIFE SANCTUARY 3RD was subdivided in 2003 the trail construction was an obligation of the development agreement (see attached development agreement excerpt), and was to be located along the common lot line between lots 5 and 6, Block 3.  Extension of a gravity sanitary sewer was also a requirement of the project, such that an existing lift station could be eliminated when a future trunk extension was complete through a neighboring development to the north and west.  During construction the sanitary sewer had to be realigned slightly due to environmental constraints, and additional sanitary sewer easements were granted for this new alignment at that time.

It appears the trail was constructed over the top of the sanitary sewer trunk line that will be used in the future, and not along the entire extents of the common lot line, as referenced.  The separate recordable trail easement referenced in the development agreement does not appear to exist, therefore we currently only have rights to access the easement area for drainage and utility purposes.

This item was discussed by the Public Works Committee on February 21, 2012, with the direction being to leave things as is until such time that a pedestrian trail easement could be secured.  There was also discussion that since this individual was not the property owner there was no ability to negotiate acquisition of such an easement.  Staff made contact with the property owner to the east of this lot to determine whether that they would be open to the discussion of a pedestrian trail easement along the common lot line, as was originally proposed within the dedicated drainage and utility easement.  The property owner expressed the desire to vacate a portion of the drainage and utility easement along the rear lot line, potentially in exchange for a pedestrian trail dedication along the west lot line.  After reviewing the existing sanitary sewer in the rear yard it was determined that the City would not be able to accommodate this request, which was relayed to the resident in early April, and discussed terminated at that point.

City staff relayed this information back to the prospective lot purchaser of 15620 Krypton Street, who then asked that the attached letter be forwarded to the Public Works Committee and Mayor for consideration.  It was also discussed that they would soon be closing on the property, which will be occurring on May 25th.  They are concerned about having a trail through the center of his backyard forever and are requesting that the City relocate the trail into the easement along the common lot line, as it was originally intended.  They understand the dual purpose of the trail and are accepting of its intended use, for utility maintenance and pedestrians, but would like to see it placed on the lot line as intended. The letter outlines a couple of proposed scenarios to resolve this matter within their property and are seeking Committee and Council reaction.

Staff has sent notice to both property owners regarding this meeting.

Form a public works perspective a paved access is preferred for utility maintenance in these situations because we often receive complaints from residents after we access their property with heavy equipment and rut up/damage their lawns and/or irrigation systems.  Currently there is no need to access the sanitary sewer in this location, because it will not be utilized until the adjacent area to the north and west develops, or the City decides it wants to construct this gravity system.  It will most likely remain in place until such time that development of the adjacent land occurs and the final trunk alignment is reviewed with a land use application.  Staff believes it would even be appropriate to require the adjacent future development to be responsible for revisions to the sanitary sewer system that would support their project, and also to construct approximately 100' of trail along the common lot line as a pedestrian connection (if necessary).

A pedestrian trail in this location is currently shown on the City's Master Park and Trail Plan, so this matter will need to be addressed at some point.

There is no funding request associated with this matter, to date staff time has been used for research and communications.

Staff would like to know if the Public Works Committee has changed it's stance on resolving this matter in the short term, and whether an agreement can be reached with the property owner on their proposal letter.

Based upon discussion.