Agenda - Council - 07/22/2008 - Laserfiche WebLink

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.~andall and, Gaodricla, .~'L. ~`, Memo To: Ramsey City Cotu~cil From: William K. Goodrich, City Attorney Re: 160' Lane Date: July 8, 2008 The City o~~ns 66 feet, of right of way for 160' Lane lying between the Dusbabek parcel on the north, the Kaas parcel an tlae south and the plat of Trapper's Ridge on the west- which is the Bauer parcel. Please refer to the attached location map. As of this date, the City .has not constructed a public street on it right of way. Crreg Bauer has constructed a driveway on the'right of way. The Bauer's and Kaas's use the driveway for,alternate accesses to their respective parcels. As stated in the July $, 2008 City Council case, the Bauer's and K,aas's have had disagreement on use of the right of way/driveway and submitted their disagreement to mediation. These two parties through the mediation agree that the City improve 160`" Lane and maintain it, like any other City street. If the City accepts the neighbor's mediation agreement, there appears to be no legal issue as the City would construct and maintain the street as with arty other City street. However, the legal issues are more complex if the City elects to NOT treat 160' Lane as a typical City street, That is, if the City agrees to permit Ivlr. Bauer to construct the street to a lesser standard than typical City streets and in addition determixtes not to maintain 160u' Lane as a typical City street, legal issues are presented.. - The primary legal issue is that of the City's liability. The question is, what liability, if any, does the City assume by authorizing a City street to be constructed to less than City standards and then permit members of the public to maintain the street? Not only is liability an issue for persons wha may be uijured on the street itselfas a result of its construction standards, the City could . -129-