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<br />2) Landlocked Parcel at PID #05-32-25-13-0001 (North of Wildwood Acres, South of <br />181 st Avenue) <br /> <br />Mr. George Latendre, the attorney representing Audrey Cox, William Durkin and Barbara <br />Kangas introduced himselfto the Council. <br /> <br />City Attorney Goodrich stated that this is not a new case and was heard by the Council on <br />December 3, 2008. He stated that Linda Keating has written a letter petitioning the City to <br />provide right-of-way to the property, but not construct it. He stated that this property is <br />landlocked and under state statute, the City is obligated to construct cart ways to landlocked <br />properties. City Attorney Goodrich reviewed the aerial map but noted thatthe City is required to <br />conduct an appraisal. He stated that he believes there may need to be eminent domain to acquire <br />the necessary land. He stated that Mr. Latendre has indicated that they are willing to put money <br />into an escrow for the appraisal, but are not necessarily agreeing to the cost of acquiring the <br />property. He stated that the City needs to know the cost of acquiring the property before this <br />moves forward. <br /> <br />Mr. Latendre stated that the development agreement in 1989 required the developer to put in a <br />66-foot easement, however, the City never followed up, and it wasn't done. He stated that there <br />were meeting minutes from 1996 that also mentions requiring this 66-foot easement. He <br />personally thinks there may be grounds for a lawsuit, but that would be costly and time <br />consuming. He stated that his clients would like to pay $1,100 and get the appraisal done and <br />see what the costs will be to landowner and proceed from there. He stated that they are not <br />volunteering to pay for staff time at this point until they see what the appraisal says. <br /> <br />City Attorney Goodrich stated that his clients purchased the property in 1989 and knew they <br />were buying a landlocked parcel and were not relying on the City to gain access. <br /> <br />Councilmember Dehen asked what money the City would be out. <br /> <br />City Attorney Goodrich stated that it would only be his time and staff time. <br /> <br />Councilmember Dehen asked if there could be an agreement that this time be a lien against the <br />property when it is sold, since this access is so they can get the property ready to be sold. <br /> <br />City Attorney Goodrich stated that the first step needs to be the appraisal. <br /> <br />Councilmember Jeffrey stated that the Statute says that the City has to provide access, via <br />caraway. He asked if that means the City has to acquire the property or just use the tools that it <br />has, at the property owner's expense. <br /> <br />City Attorney Goodrich stated that the City is to use our tools, at the property owner's expense. <br /> <br />Community Development Director Miller stated that the owners have had people interested in <br />the property and have discussed this with the neighboring property owners; however, they are <br />not interested. <br /> <br />City Council Work Session / October 7, 2008 <br />Page 4 of 14 <br />