Adopt Resolution #15-04-096 Approving Receipt of Pedestrian and Bicycle Trail Easement on 14851 Olivine St NW Legally Described as Lot 3, Block 1, TOWN CENTER GARDENS 3RD ADDITION

The City has received a building permit application for a new town home building consisting of eight (8) units on the Property.  A review of the Certificate of Survey for that lot, as well as the County's property records, revealed that there was a public trail across the rear portion of the lot without a recorded trail easement.

This trail was required as part of the original subdivision.  Staff has discussed with the Owner 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 removed/relocated, likely at the City's cost. Furthermore, the parcel is adjacent to CSAH 56 (Ramsey Boulevard) and thus, relocating the trail into the right-of-way would be subject to approval by Anoka County.

The Owner is responsible for costs to record the easement.

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.

Motion to adopt Resolution #15-04-096 accepting the granting of a trail easement to the City.