Approve Receipt of Pedestrian and Bicycle Trail Easement

On June 28, 2013, the City received a Building Permit application for the construction of a single family home on Lot 1, Block 2 Sweetbay Ridge.  A review of the Certificate of Survey revealed that there was a slight encroachment of a public trail across a portion of the rear property without a recorded easement. 

This trail was constructed by the original developer of Sweetbay Ridge and it appears that an attempt had been made to avoid removal of several trees by curving the trail between them, resulting in the slight encroachment.  Staff has discussed this matter with the current property owner, Capstone Homes, Inc., who has agreed to grant the City a trail easement to address the encroachment.  The easement identifies the City as being responsible for all costs to construct and repair the surface of the trail as well as providing snow removal (as is typical for all City trails).  The property owner (including successors and assigns) shall be responsible for maintaining the grass and vegetation within the easement area.

Failure to accept the easement would require the trail to be relocated entirely into the public road right-of-way, likely at the City's cost.  The easement does not subject the City to any work or cost above and beyond what is typically done for trail maintenance.

City Staff recommends authorizing the Mayor and City Clerk to execute the easement document accepting the pedestrian and bicycle trail easement on behalf of the City.

The City will be responsible for recording the pedestrian and bicycle trail easement document with Anoka County.  The current recording fee is forty-six dollars ($46.00)

Motion to adopt Resolution #13-08-144 accepting granting of trail easement to the City.