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r <br /> <br />Case #10: North Fort)' Trail Right.Of-Way: <br /> <br />Mr. Otto stated that in the case of North Forty, there is a specific problem relating to the <br />trail fight-of-way. The plat was developed in 1988; the developer agreed to dedicate 75 feet <br />along the west boundary of the plat for parks and trails; the plat was recorded with a 75 <br />foot drainage and utility easement; the development agreement specified that the 75 foot <br />easement was for parks but it was not recorded; as a result, 3 of the 4 property owners <br />affected by the easement were not aware it was intended for a trail and they are opposed to <br />the proposed use of the easement. As a result of meetings with those property owners, the <br />following options have been outlined: acquire the property in fee; acquire a trail easement <br />over the drainage and utility easement; acquire undeveloped land further west and relocate <br />the trail accordingly; vacate a portion of the existing drainage and utility easement for trail <br />easement. The position of the affected property owners is that they prefer no wail at all but <br />it must be, it should be located in the fight-of-way of County Road #83. Mr. Otto stated <br />that he has discussed the matter with Paul Ruud and he has indicated that a portion of the <br />trail system could be located within the County right-of-way, in addition to the options <br />listed, consideration could be given to combining relocating the trail further west or in the <br />Count3, right-of-way with additional screening from the property to the east. <br /> <br />Jim Allen - 7950 163rd Lane N.W. - Stated that he is present representing himself, his wife <br />Sue, Judy and John Ramsey and Doug and Klm Opsal. Jim stated that he and his <br />neighbors are opposed to a horse trail through their property; that they are not specifically <br />opposed to a trail but opposed to the taking of private land for a trail. Mr. Allen stated that <br />there is no park dedication agreement for the 75 foot easement on file at the County; the <br />property owners hold the title to the land and the City has no fight to claim the property. <br />Mr. Allen requested that the City suspend future trail plans for further research. <br /> <br />Mayor Reimann stated that the City wants a trail system and believes a solution can be <br />arrived at with the residents in North Forty. Council directed City Staff to continue to <br />negotiate a solution to the trail easement in lqorth Forty. <br /> <br />Sue Allen - 7950 163rd Lane N.W. - Noted that by shading, the City map indicates half of <br />her lot is park land and requested that the error be corrected. <br /> <br />Case #1t: Request For Preliminary Plat Approval Of Gateway North <br /> Industrial Park Plat 4; Case Of Donald Greenberg: <br /> <br />Mr. Banwart stated that the proposed plat of Gateway North Industrial Park Plat 4 is a <br />resubdivision of Ouflot A of Gateway North Industrial Park Plat 3. It consists of 3 lots and <br />is being processed as a full subdivision because it will be served by municipal utilities. The <br />Planning and Zoning Commission has conducted a public hearing and recommended <br />preliminary plat approval with a drainage easement being provided along the north <br />boundary of Lot 3 as well as a re-evaluation of lot values for park dedication purposes. <br /> <br />Mr. Greenberg stated that he would like the park dedication requirement left open for <br />discussion at this time because he beheves the valuation placed on Lot 3 was too high. <br /> <br />Mr. Banwart stated that the valuation of Lot 3 could be adjusted in accordance with the <br />purchase price listed on the purchase option if one is produced. <br /> <br />City Council/May 22, 1990 <br />Page 20 of 27 <br /> <br /> <br />