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CASE <br /> <br />ADOPT ORDINANCE AND RESOLUTION AUTHORIZING THE TRANSFER <br />THE WESTERLY 20 FEET OF OUTLOT B APPLE RIDGE SUBDIVISION TO <br />ADJACENT PROPERTY OWNERS <br /> By: Steven Jankowski City Engineer <br /> <br />Background: <br /> <br />In May of 2003, the City obtained Outlots B and C of the Apple Ridge Subdivision from U S <br />Home at no cost. The purpose of the property transfer of these outlots, which were already <br />encumbered with drainage and utility easements, was to allow the city to construct a trail <br />adjacent to TH 47. The residents adjacent to Outlot B expressed concerns about the trail <br />adversely affecting their privacy since the outlot contains a berm which is substantially higher <br />than their properties and could allow trail users to look down into their backyards. <br /> <br />The City Council approved the transfer of the westerly 20 feet of this 45 foot outlot to the <br />adjacent property owners. This would allow the property owners to control the highest portion of <br />the outlot. It is their stated intention to construct a privacy fence atop the berm to ensure their <br />privacy. The trail has now been constructed within the easterly 25 feet of the outlot. <br /> <br />The City attorney has advised that the transfer of this property should be authorized by the <br />accompanying ordinance and resolution. This ordinance was introduced at the September 23, <br />2003 Council meeting and is available for adoption. <br /> <br />Recommendation: <br /> <br />Staff recommends adopting the attached resolution and adopting Ordinance #03-XXX <br />authorizing the transfer of a portion of Outlot B to the adjacent property owners. <br /> <br />Action: <br /> <br />Motion to adopt Resolution 03-10-XXX and introduce Ordinance #03-XXX. <br /> <br />Reviewed By: <br /> <br />Director of Public Works/Fire Chief <br />Assistant Public Works Director/Principal City Engineer <br />City Attorney <br /> <br />C C: 10/14/03 <br /> <br /> <br />