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CC Regular Session 4. 5. <br />Meeting Date: 10/08/2013 <br />By: Chris Anderson, Community <br />Development <br />Information <br />Title <br />Approve Receipt of Pedestrian and Bicycle Trail Easement <br />Background: <br />On September 18, 2013, the City received a Building Permit application for the construction of a single family <br />home on Lot 5, Block 2 Meadow. A review of the Certificate of Survey as well as the County's property records, <br />revealed that there was a public trail across the rear portion of the lot without a recorded trail easement. <br />Observations: <br />This trail was required as part of the Meadow subdivision. However, prior to its construction, the original developer <br />walked away from the project. The City drew upon the surety to construct the trail as shown on the approved plans. <br />It does not appear that trail easements were ever provided for or recorded against Lots 1-7 Block 2 and Outlot B <br />Meadow. Staff has discussed this matter with the current property owner of Lot 5 Block 2 Meadow, Pinto Properties <br />LLC, who has agreed to grant the City a trail easement to address the encroachment. The easement identifies the <br />City as being responsible for all costs to construct and repair the surface of the trail as well as providing snow <br />removal (as is typical for all City trails). The property owner (including successors and assigns) shall be <br />responsible for maintaining the grass and vegetation within the easement area. <br />Failure to accept the easement would require the trail to be removed/relocated, likely at the City's cost. Furthermore, <br />the parcel is adjacent to CSAH 5 (Nowthen Blvd) and thus, relocating the trail into the right-of-way would be <br />subject to approval by Anoka County. <br />Recommendation: <br />City Staff recommends authorizing the Mayor and City Clerk to execute the easement document accepting the <br />pedestrian and bicycle trail easement on behalf of the City. <br />Funding Source: <br />The City will be responsible for recording the pedestrian and bicycle trail easement document with Anoka County. <br />The current recording fee is forty-six dollars ($46.00) <br />Action: <br />Motion to adopt Resolution #13-10-175 accepting the granting of a trail easement to the City. <br />Attachments <br />Site Location Map <br />Draft Trail Easement <br />Resolution Approving Pedestrian and Bicycle Trail Easement <br />Form Review <br />Inbox <br />Reviewed By Date <br />