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CASE <br />CONSIDER RESOLUTION OF 160TH LANE ISSUES <br />By: William K. Goodrich, City Attorney <br />Steven Jankowski, City Engineer <br />Background: <br />The Trappers Ridge Addition consists of a two lot subdivision which was platted at the terminus of <br />160th Lane in 2004. The westernmost 420 feet of ,160th Lane has not been constructed as a City <br />street, however, a 66 foot road easement existed over the two properties at the end of the paved <br />street. It was subsequently determined that this easement was not specifically dedicated to the City. <br />In 2005 the City commenced an eminent domain action, to acquire this as public right of way. The <br />eminent domain action was settled and the City purchased the right of way. from the property <br />owners (Kaas and Dusbabek). The Trappers Ridge lot property owner, Greg Bauer, constructed a <br />.driveway and entered into an Eminent Domain Settlement Agreement (the "Settlement <br />Agreement')to serve his lot (on the right of way) in order to obtain ingress and egress to his <br />Trappers Ridge lot. <br />Pursuant to the .Settlement Agreement, the City agreed that as long as there is no subdivision of <br />either parcel adjacent to 160`h Lane: <br />a) neither parcel shall be special assessed for any street improvements to 160th Lane, and <br />b) the Kaas' parcel is permitted one curb cut (driveway) access onto 160th Lane. <br />Beginning in the summer of 2005 staff received phone calls from Bauer's and Kaas's disputing the <br />use of the driveway access .that had been constructed within the right of way. In late 2007, in an <br />effort to resolve this neighborhood dispute (Bauer's and Kaas's), the neighbors, agreed to .enter into <br />mediation with Anoka County Mediation Services. The mediation resulted in the case being settled <br />with the agreement that the City should maintain the right of way. A copy of the November 6, 2007 <br />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 />construct and maintain a public street. <br />Enclosures: <br />a) 2005 Eminent Domain Court Settlement Agreements for 160th Lane; <br />b) Location Map; <br />c) Mediation Dispute Settlement Agreement; <br />d) City Attorney Legal Opinion; and <br />e) Proposed Resolution declaring Minimum-Maintenance road. <br />-117- <br />