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CONSIDER RESOLUTION OF 160 LANE ISSUES <br />By: William K. Goodrich, City Attorney <br />Steven Jankowski, City Engineer <br />a) 2005 Eminent Domain Court Settlement Agreements for 160 Lane; <br />b) Map showing the Subject Property; <br />c) Mediation Dispute Settlement Agreement; and <br />d) Proposed Resolution for City <br />CASE # <br />Background: <br />The Trappers Ridge Addition consists of a two lot subdivision which was platted at the terminus of <br />160 Lane in 2004. The westernmost 420 feet of 160 Lane has not been constructed, however, a <br />66 foot road easement existed over the two properties at the end of the paved street. It was <br />subsequently determined that this easement was not specifically dedicated to the City. In 2005 the <br />City commenced an eminent domain action to acquire this right of way. The eminent domain action <br />was settled and the City purchased the right of way from the property owners. The Trappers Ridge <br />lot property owner, Greg Bauer, constructed a driveway and entered into an Eminent Domain <br />Settlement Agreement to serve his lot (on the right of way) in order to obtain ingress and egress to <br />his lot. <br />As a result of the Settlement Agreement, the City agreed that as long as there is no subdivision of <br />the parcel adjacent to 160 Lane: <br />a) said parcel would not be specially assessed for any street improvements to 160 Lane, <br />and <br />b) said parcel shall be permitted one curb cut (driveway) access onto said 160 Lan <br />Beginning in the summer of 2005 staff received phone calls from the property owners at the end of <br />160 Lane disputing the use of the driveway access that had been constructed within the right of <br />way. In late 2007, an effort to resolve this neighborhood dispute (Bauer's and Kaas's), the <br />neighbors agreed to enter into mediation with Anoka County Mediation Services. The mediation <br />resulted in the case being settled with the agreement that the City should maintain the right of way. <br />A copy of the November 6, 2007 dispute settlement agreement is attached. <br />The Public Works Committee considered this matter on May 20, 2008 and requested that the City <br />Attorney give a legal opinion as to the proposal recommended by Staff. See attached City <br />Attorney's legal memorandum concerning the legality of permitting an adjacent landowner to <br />maintain a public street. <br />Enclosures: <br />—185— <br />