Approve the Establishment of a Trail Easement Over the Westerly 20' Feet of 5195 142nd Avenue

The purpose of this case is to ratify the Economic Development Authorities' approval to place a trail easement over the westerly 20' feet of the city-owned properly commonly referred to as the 'old AMOCO site'. This easement would allow the city to construct a trail parallel to T.H. #47 in the future at such time as additional easements are acquired to the north—and there is funding in place.

A trail in this location is one of the priority locations in the city where there are 'gaps' in the planned-for trail system. This location along the state highway is in the urbanized area and along a high volume roadway, thus improving safety for pedestrians and motorists when the trail would be in place.  The first attachment shows the 'cow path' where people are walking on the highway, and then angling through the ROW to the existing trail along the Holiday Station Store.

N/A

While the alternative exists to 'do nothing at this time' staff does not recomend this, as aquiring an easement in the future from an established business can be complicated, time consuming and potentially costly.  It may be noted that a trail when in place, can be a significant benefit to a retail establishment, and therefore can actually add value to this city-owned parcel that is for sale.

It may be further pointed out, that the 20' foot trail easement does not diminish the buildable area of the lot (structure or parking lot), and the easement area may be included, and counted as a landscaped border that may be required of City Code.

In conclusion, the City Attorney explains that it the City cannot grant an easement to 'itself', so this case directs the City Attorney to prepare the legal document(s) to record the aforementioned Trail Easement, with, and at the time of the sale and transfer of the property known as LOT 1, BLOCK 1, RIVER'S BEND PLAZA 2ND ADDITION.

The authorization of a trail easement does not implicate the city to construct a trail or incur any significant cost.  The fees to record the easement are believed to be less than $100 and would be accommodated within the Parks General Fund budget, or from the land sale proceeds.

The EDA and Staff recommends recording the 20' foot trail easement at the time of sale—and informing any prospective buyer interested in the property.

Motion to direct the City Attorney and staff to proceed with preparing legal documents as neccessary to record a 20' foot trail easement over the city-owned property at 5195 142nd Ave NW, at the time of sale.