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Mr. Bauer replied the one benefit to the City with taking the easement is if he were to sell the <br />property at some given time and there was not an easement in place the City would have to <br />negotiate with the new property owner. He stated that he was agreeable to the language included <br />in 12b. <br /> <br />Assistant Director of Public Works Olson stated that 12a allows for the flexibility for the City to <br />prevent a dead end if development occurs adjacent to the property. There would be no reason to <br />take an easement if 12a is eliminated. <br /> <br />Councilmember Kurak stated it does make sense to take an easement so that if Mr. Bauer sells <br />the property an easement is in place. <br /> <br />Assistant Director of Public Works Olson replied that the property owner that purchases the land <br />would still have the same rights Mr. Bauer has. <br /> <br />Assistant Community Development Director Trudgeon stated that the Council should decide to <br />remove the easement completely or leave it as is. <br /> <br />Cotincihnember Strommen inquired if there was a better alternative to access property to the <br />west that they may consider in the future if this route is so difficult. <br /> <br />Assistant Community Development Director Trudgeon replied that on Mr. Bauer's property there <br />would be no other access. <br /> <br />Motion by Councilmember Cook, seconded by Councilmember Kurak, to adopt Resolution #03- <br />12-338A granting final plat approval of Trappers Ridge subject to compliance with City staff <br />review letter dated December 12, 2003 and the applicant entering into a development agreement <br />with the City, eliminating 12 from Section IV General. · <br /> <br />Further discussion: Councilmember Zimmerman inquired if there was any lead from the gun <br />club on this piece of property. Mr. Bauer replied no. Councilmember Zimmerman inquired if <br />there should be language included in the development agreement that holds the City harmless if <br />there is lead found on the property. City Attorney Goodrich replied that that could be done. Mr. <br />Bauer stated that he would agree to including that language. <br /> <br />Motion was amended to include language in the development agreement that would hold the City <br />harmless if lead is found on the property. <br /> <br />Councilmember Elvig noted that he would be abstaining from the vote. <br /> <br />Further discussion: Councilmember Strommen expressed concern with not acquiring the <br />easement if this is the best access. Assistant Community Development Director Trudgeon <br />replied that the gun club extends south of this property sO there may be some better options. <br />Councilmember Strommen stated that if the location of the easement was the best out of many <br /> <br />City Council/December 16, 2003 <br /> Page 19 of 33 <br /> <br />-65- <br /> <br /> <br />