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<br />.;L <br /> <br />--- <br /> <br />I ! <br />CITY COUNCIL WORK SESSION L._....,~_._,~~_.__._...._.__u <br /> <br /> <br />Topic Report: Landlocked /=Iarcel at PIC #05"32-25..13~0001 (north of Wildwood Acres, south of 1S1at <br />Avenue) <br /> <br />By: Amber G. Miller, Community Development Director <br /> <br />Background: <br /> <br />Linda Keating, representative for the property owners who own the parcel located just north of Wildwood Acres <br />subdivision, and east of John Engstrom's land, has requested that the City explore options for. providing access. <br />to the property, The property has never had direct access onto a public street: the property owners have . <br />previously relied on adjacent parcel owners to gain access to their land. The land is unimproved, and <br />predominantly wetland. According to the wetland and NRI studies, there is approximately .5 to 1.5 acres of <br />~~~~~b~~~~ . <br /> <br />After researching the history of the parcel, the Wildwood Acres subdivision and development agreement, it was <br />discovered that the City required as part of the Wildwood Acres development approvals that a 66 foot access <br />road easement be provided between Lots 10 and 11 at the end of Iguana Street in order to provide accElssfor <br />both the Engstrom land and the Keating parcel. However, no access easement was ever recorded. . There ara <br />multiple existing easements over these lots, includIng a 1 SO-foot Xcel Energy easement, a 50 foot Northern <br />Natural Gas pipeline, and two different drainage and utility easements held by the public. Ms. Keating Is <br />requesting that the City obtain an easement as directed by the Wildwood Acres development agreement In <br />order for her to market and sell her property. <br /> <br />Staff has been exploring options for acquisition of a cartway/driveway easement in several areas. There Is a SO <br />foot linear park to the southwest of the. parcel, but it is dedicated as park and therefore cannot have a driveway <br />across it. There is a drainage and utility easement that extends west from Deerwood Estates, but based on a <br />site visit, that is a predominantly wet area. The most viable option is to purchase an access easement along the <br />northeastem edge of Lot 11 (inside the existing 150 foot electric easement), then north through the drainage . <br />and utility easement and the gas line easement (see attached exhibits). This will require the City to negotiate <br />with only one property owner. <br /> <br />The City Attorney has stated that the City Is obligated under a new Minnesota statute to provide "cartway" <br />access to any landlocked parcel, but all costs would be born by the property owner who seeks it. The relevant <br />statute is attached for your review. Staff has spoken with Xcel Energy and a cartway/driveway through their <br />easement Ie allowed with some basic stipulations. Their letter Is attached. Staff also has a verbal commitment <br />from Northern Natural Gas Company about the willlngnesli to explorEl an encroachment agreement with the fee <br />owner of the property encumbered. Staff has $poken with an appraiser and received an estimate 01$1,200 to <br />do a complete appraisal with review of any damages to the remainder for the cartway. <br /> <br />Attachments: <br /> <br />1. Option 1-proposed route of cartway <br />2. Minnesota Statute 435.37 <br />. 3. Picture of Site <br />4. Letter from Xcel <br /> <br />-11- <br />