03-24-2009 Council Work Session Packet

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� , CMP Part 4F. Public Services Plan Flowage easements permit permanent flowabe or storage of surface water in the natural drainage or ponding area and permit the land owner to use low areas for pasturage or similar non-adverse uses during dry years. The easements provide for public enforcement of the abreed upon conditions. These easements provide a detailed record of wetlands and drainageway regulations in the chain of title of the property. By terms of the easement, there are no public ribhts created on the land except for conservation of the resource and the authority for water flowage over the area. Open Space Easements. In certain development situations, the City may have particular interest in permanently precluding certain types of improvements or in pernlanently protecting views or natural conditions or otherwise private property. This protection may be in return for allowing use or development of other areas of the property. In these circumstances, the City will require dedication of a permanent open space easement identifying the protected area and describing permitted and non-permitted uses or alterations. Open space easements may be temporary or permanent depending upon the circumstance. Open space easements will be filed in the chain of title of the subject property. Trail Easements. In locations where the City trail system has been or will be constructed, a Trail Easement will be acquired, either at the time property is subdi��ided (often as part of the required Park Dedication associated with land development) or via purchase or other means. Trail easements will be filed on the chain of title of the property, and will allow the use of the land by the City for the construction of a trail and permanent access by the public. Tax Forfeited Lands Many areas of Orono were platted and partially developed as much as 100 years ago, often into extremely small parcels. Many of these lots have never been developed because of their size, location or, often, because they are wetlands. They are not separately buildable because of land use and environmental constraints. Consequently, there are a number of lots that have been forfeited for non-payment of real estate taxes and for which title is held by the State of Minnesota. The City of Orono does not encourage tax forfeiture, but likewise the City will not permit use of extremely substandard or environmentally protected lands. Where tax forfeited lots exist, the City will pursue the following policies: 1. Encourage purchase by adjacent land o�vners for inclusion with their properties, normally requiring legal combination of the tax forfeit parcel with the adjacent land. City of Orono Community Management Plan 2008-2030 Page 4F-34