Agenda - Council - 08/28/1990 - Laserfiche WebLink

Home

Case # 9 CONSIDER REMOVAL OF THE NORTH FORTY DEVELOPMENT AGREEMENT FROM THE ANOKA COUNTY PUBLIC RECORD By: William K. Goodrich, City Attorney BACKGROUND: As you know the problem developed concerning park dedication for trailway in the North Forty Subdivision. After discussion and review, the Council determined to take no further action on this issue. Since that action, a group of homeowners has presented a petition to me requesting that the City take appropriate action to have a development agreement which was recorded at the Anoka County Recorder's office, removed from the public record. I have reviewed the development agreement which is between the City and Richard J. Cybrant, developer, and is dated August 15, 1988, with the City Engineer. We have concluded that the requirements of the development agreement have been complied with, with the exception of some minor matters. These things are covered by the escrow in place and being held by the City. In addition, the development agreement does not grant a trailway over the existing 75 foot utility easement along the western boundary of the plat. As I have advised you previously, if in the future the city desires to have a trailway on this 75 foot easement, we will need to acquire this right either by direct negotiation with the affected property owners or through eminent domain. Therefore I do not see that releasing the development agreement at this time with adversely affect any city interests either in the 75 foot easement area or in the entire Plat. ENCLOSURES: Original North Forty Development Agreement. July 24, 1990 letter and Petition from residents. RECOMMENDATION: Staff recommends that the Council authorize the removal of the August 15, 1988 Development Agreement from the public record as requested by the July 24, 1990 Petition from certain Plat residents.