Agenda - Council Work Session - 12/03/2007

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CITY COUNCIL WORK SESSION Topic Report: Landlocked Parcel at PID #05-32-25-13-0001 (north of Wildwood Acres, south of 181st Avenue) By: Breanne Daines, Associate Planner Background: Linda Keating, representative for the property owners who own the parcel located just north of Wildwood Acres subdivision, and east of John Engstrom's land, has requested that the City explore options for providing access to the property. The property has never had direct access onto a public street; the property owners have previously relied on adjacent parcel owners to gain access to their land. The land is unimproved, and predominantly wetland. No wetland delineation has been conducted, but according to the wetland and NRI studies, there is approximately .5 to 1.5 acres of buildable land on the 40 acre parcel. After researching the history of the parcel, the Wildwood Acres subdivision, and development agreement (platted and recorded in 1989), it was discovered that the City required as part of the Wildwood Acres development approvals that a 66 foot access road easement be provided between Lots 10 and Lots 11 in order to provide access for both the Engstrom land and the Keating parcel. However, no access easement was recorded. Currently, to ensure necessary easements are recorded on the plat or in an easement document, City Staff includes the items on a punchlist to the developer that must be completed prior to release of the plat for recording. There are multiple existing easements over these lots, including a ISO-foot X-Cel Energy easement, a 50 foot Northern Natural Gas pipeline, and two different drainage and utility easements held by the public. Ms. Keating is requesting that the City obtain an easement as directed by the Wildwood Acres development agreement in order for her to market and sell her property. Staff has been exploring options for acquisition of a cartway/driveway easement in several areas. There is a 50 foot linear park to the southwest of the parcel, but it is dedicated as park, and therefore cannot have a driveway across it. There is a drainage and utility easement that extends west from Deerwood Estates, but based on a site visit, that is predominantly wet area. The most viable option is to purchase an access easement along the northeastern edge of Lot 11 (inside the existing 150 foot electric easement), then north through the drainage and utility easement and the gas line easement (see attached exhibit). This will require the City to negotiate with only one property owner. The City Attorney has stated that the City is obligated under new Minnesota statute to provide "cartway" access to any landlocked parcel, but acquisition costs would be bore by the property owner who seeks it. Staff has been in contact with both private easement holders about the possibility of utilizing existing easements, and both X-Cel Energy and Northern Natural Gas Company have expressed the possibility of granting encroachment agreements. The gas company must check the depth of the gas line before granting an encroachment. Attachments: Site Location Map, Proposed Easement Exhibit Action Statement: Discuss the viability of acquiring a cartway/driveway easement from the terminus ofIguana Street to access the subject property. CCWS: 12.3.07 ~