Council approves driveway and right-of-way agreement for parcel amid easement concerns

The Greenfield City Council approved a right-of-way use and driveway maintenance agreement for parcel ID 3411924110012 on July 21 following a lengthy staff presentation and public testimony.

Staff summarized the parcel's history and recommended dropping a previously requested easement because the lot's wetlands and topography make an easement impractical. Staff told the council MnDOT (the Minnesota Department of Transportation) would likely be the agency responsible for providing alternate access if Highway 55 were to close an existing approach, and that an eminent-domain process or MnDOT assistance would be the pathway for resolving access if needed.

Jacqueline Todd, the property owner at 109 Franklin Ave West in Delano, told the council she had owned the parcel for years and has worked with a contractor and attorney to prepare the lot for development. "This is the step that I need in order to really even have the access to it that I that I deserve," Todd said, describing wetlands, a creek and the higher ground where she plans to site a house.

Council members questioned the long-term risk of a future council seeking eminent domain to create a road alignment and whether the city should require an easement now as protection for future connectivity. Staff replied an easement would be preferable but is not mandatory for this unplatted parcel and that MnDOT would be expected to provide or facilitate access if a state highway project removed existing access.

A motion to approve the agreement was made and seconded; the measure passed 4–1.