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City Attorney Goodrich replied Dennis Crow was the original sub-divider of the property in <br />1954. He reserved a road easement but it was never conveyed to the City. It is an easement <br />reserved by a private party, but presumably if someone could find Mr. Crow or his heirs they <br />could grant the rights to the City. Mr. Crow sold this property subject to a road easement in his <br />favor. <br /> <br />Councilmember Zimmerman stated there are two parts to a read easement. One is the giving of <br />the easement by the owner and the other is the acceptance by the City, which was never done. <br /> <br />City Attorney Goodrich explained the City has maintained the road up to this cul-de-sac, and <br />once the City maintains the road for six years it becomes public property. <br /> <br />Steve Dusbabek, 7191 160th Lane, questioned if the City will be trying to locate Mr. Crow or his <br />heirs to have the easement deeded to the City. <br /> <br />Mayor Gamec stated he does not think it is likely that the City will try to locate Mr: Crow. He <br />inquired what Mr. Dusbabek would prefer to occur in this sitUation. <br /> <br />Mr. Dusbabek stated this is an unfortunate situation and they did nothing wrong. They put. their <br />faith and trust in their elected body to watch out for their best interest and it did not happen. <br />Mistakes were made and he is angered. The only thing that has tempered him is the <br />professionalism of Mr. Tmdgeon, the expediency of which he retUrned phone calls, and his <br />openness with him. He and his wife and the Kaas are extremely frustrated, and then at the <br />meeting with Mayor Gamec condemnation was mentioned. <br /> <br />Mayor Gamec stated he needed to inform them of all the possibilities. <br /> <br />Mr. Dusbabek stated they need restitution to the damage of their property. He knows the City <br />wants an easement and Mr. Bauer wants to come through this location instead of 800 feet over on <br />161 st Lane, but he wants to make sure they are being treate~d in a manner that is fair and equitable. <br />They have major damage to their property. They loved those trees and it has been completely <br />destroyed. He is not saying the possibility of an easement does not exist, but they need to look at <br />this whole thing from before the trees were taken out. He thinks the granting of an easement will <br />be directly proportionate to how they are treated in their relationsh/p to the restitution of the <br />damage of their property. <br /> <br />Lori Kaas, stated they feet Mr. Bauer has the right to construct a private driveway to his land. <br />However, they do not understand why it has to be on their land; Mr. Bauer has access to 161st <br />Lane. She stated the access continuing in this location would not be their preference. The value <br />of their land is as a private wooded lot on a cul-de-sac, the value is the trees and being on a dead- <br />end road, otherwise it is just a City lot. She commented they have worked closely together with <br />their neighbors and they can look at a reasonable proposal together, <br /> <br />34 <br /> <br />City Council Work SessionEVlarch 30, 2004 <br /> Page 4 of 12 <br /> <br /> <br />