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Councilmember Musgrove introduced the following resolution and moved for its adoption: RESOLUTION #21-138 RESOLUTION RELIEVING PROPERTY OWNERS OF REIMBURSEMENT REQUIREMENT FOR CONSERVATION AND TRAIL EASEMENT PARTIAL VACATION ASSOCIATED WITH A RETAINING WALL AT 7349 168TH CIR NW RECITALS 1. John and JoDell Seaman, hereafter referred to as “Property Owners”, properly applied for Conditional Use Permit for fill in a floodplain on the following described property located in the City of Ramsey: Lot 9, Block 2, Brookfield 8th Addition, Anoka County, Minnesota (the ‘Subject Property’); 2. That the Property Owners placed fill in the back yard of the Subject Property to create a flatter backyard with a retaining wall. 3. That the Subject Property is partially in the DNR Floodplain, including where the fill was placed. 4. That the Subject Property is encumbered by a Conservation and Trail Easement that does not allow fill to be placed. 5. That the City acquired said Conservation and Trail Easement through funds from the State of Minnesota Legislature’s Legislative-Citizen Commission on Natural Resources (LCCMR), which will require partial reimbursement for the area of encroachment supported by a certified appraisal. 6. That the City can request a partial vacation of said easement per the required reimbursement noted above. 7. That the City has considered a broader solution for the entire easement along the south side of Trott Brook in the Brookfield Neighborhood. 8. That the City has attempted to assist this process along through managing the project, completing floodplain modelling, and working through the required appraisal and LCCMR process with in-kind assistance of staff time. 9. That the perceived complexity of the boundary of the Conservation and Trail Easement and overlap with floodplain boundary creates a unique physical condition. 10. That procedural complexities have created delays in outside agency approvals.