Agenda - Council - 12/09/2003 - Laserfiche WebLink

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SECTION II PRIVATE ROAD EASEMENT AND DRIVEWAYS Private Road Easement. The applicant received a variance to the City Code Subdivision standards with regard to public road access to new residential lots. This variance was granted by the Board of Adjustment on October 2, 2003. A private road easement provides access to the plat from the comer of Erkium St. NW at 177th Ave. NW.' This private easement is legally described as follows: An easement for road purposes over and across the West 66 feet of the East 250.81 feet of the Northwest Quarter of the Southwest Quarter of Section 1, Township 32, Range 25, Anoka County, Minnesota, as measured at right angles to the East line of said Northwest Quarter of the Southwest Quarter. Future Improvements Within Private Road Easement. The applicants (and their successors and assigns) agree to bear their share of the cost of the City's acquisition and upgrade of this private road easement, to City street standards, should the following situations occur: bo Current or future owners of the subject property petition the City to upgrade the easement to public road standards, and have the easement dedicated as a public street. The City determines that for the health, safety, and welfare of the citizens of Ramsey it necessary that the easement be upgraded to City standards and dedicated as a public road. It is not the intent of this Section to require current and future owners of the Subject Property to pay the entire cost of acquisition and upgrade for the private easement outside the boundaries of the Plat. It is expected that associated costs and responsibilities will be negotiated between the property owners, according to their benefit. It is also the intent of this Section that no general funds of the City be expended on the process of dedication and improving the private easement as a public street and that the benefited properties be specially assessed for any such public improvement. Driveways. A driveway constructed of bituminous, concrete, or Class V material is required for each lot in the Plat. Said improvement shall be installed by the building permit applicant or the homeowner at the time the Certificate of Occupancy is issued or as soon thereafter as possible, weather permitting. In the event this improvement is not timely installed on a lot, the DEVELOPER and/or the DEVELOPER'S assign(s), agrees that the CITY may install said improvement on the lot and specially assess the cost therefore against the lot. The DEVELOPER hereby waives all right to a public hearing and other statutory rights or City Charter rights granted a property owner relating to special assessments, including the right to appeal the special assessment for installation Development Agreement/Riverbrook Page 3 of 8