Adopt Resolution #13-03-055 Granting an Access Easement Over and Across Tract A, Registered Land Survey No. 249 to Benefit the Property Located at 6781 Highway 10 NW

On November 27, 2012, the City Council, by motion, approved an Access Easement benefiting the property located at 6781 Highway 10 NW (Pro Power Sports and Marine).  That case is attached for reference.  On March 1, 2013, City Staff was notified by Registered Abstractors in Anoka that the documents were rejected for recording by Anoka County because the county requires a resolution as opposed to a motion due to the fact that the land is Torrens.  A proposed resolution is attached.  The resolution  simply reaffirms the action taken by the City Council last November.  As was noted in the November case, the property in question was acquired through the RALF revolving loan fund and thus, the Metropolitan Council also must approve the easement which the Metropolitan Council  did in November of 2012.

Not applicable.

In 2009, the City acquired a vacant parcel directly west of Pro Power Sports on Highway 10 utilizing the RALF program. Pro Power Sports had, until recently, been leasing their space from PSG, LLC.  However, late in 2012, Pro Power Sports acquired 6781 Highway 10 NW from PSG, LLC and as part of that purchase agreement, wanted to secure an access easement to ensure customer access to their property.  This stipulation was made because sometime ago, the State of Minnesota acquired the right-of-way access to the City owned parcel as well as the the adjacent parcels to the west and east, leaving only a forty (40) foot opening near the southeast corner of the City owned property.  This essentially created a shared access for three (3) lots with the majority of the forty (40) foot opening being on the City owned parcel.  While there is a forty (40) foot wide service road easement across each of these three (3) lots, the proposed access easement reaffirms and reiterates lawful access to the Pro Power Sports site utilizing the shared access.

Staff recommends approving Resolution 13-03-055 granting an ingress/egress permanent easement over and across the southerly thirty (30) feet of the easterly thirty (30) feet of Tract A, Registered Land Survey No. 249.

This process is being handled as part of Staff's regular duties.

Motion to Approve Resolution 13-03-055 granting an ingress/egress permanent easement over and across the southerly thirty (30) feet of the easterly thirty (30) feet of Tract A, Registered Land Survey No. 249 as described on the proposed easement document attached hereto.  The granting of the easement was subject to the approval of the Metropolitan Council which gave its approval in November, 2012.