Agenda - Council - 05/22/1990 - Laserfiche WebLink

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NORTH FORTY TRAIL RIGHT-OF-WAY By: Merland Otto Background: A problem regarding park dedication was recently brought to the attention of the Parks Commission and City staff by homeowners. Specifically, the North Forty plat, approved in March, 1988, was~ to have dedicated 75' of park along the westerly boundary of the plat. The developer, Mr. Dick Sybrant, signed a development agreement August 15, 1988 stipulating in Item 3, Park Land Dedication, that a utility easement over the westerly 75' would be provided for park purposes. The final plat, however, was recorded indicating only a drainage and utility easement (not park) over four lots. The developer apparently did not inform prospective purchasers of the 75' easement for park purposes. One of the property owners contacted City Hall prior to purchase and was informed of the proposed trail. Three of the property owners followed routine title searches and did not question the drainage and utility easement, nor did they become aware of the agreement for park use. I discussed the situation with Bill Goodrich who verified that the plat had been recorded with a drainage and utility easement only. This trail segment is a key link in a loop which ultimately will connect Trap Rock Commons, North Fork, Autumn Heights and Central Park. Much of this loop has already been dedicated or has been agreed upon to be dedicated. Abandonment of this segment, thus, is not an option. The City does have several options: Acquire the property in fee and charge back a portion of the costs to the developer. This option would reduce the size of at least three lots to less than 2.5 acres. Acquire trail easement and charge back the costs to the developer. Acquire a strip of land immediately west on the undeveloped parcel thus lessening impact on two of the existing lots. Developer should participate in costs. Mr. and Mrs. James Allen, 7950 163rd Lane in their May 2, 1990 letter to Mayor Reimann (attached) expressed their concerns.