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5 Minutes CASE <br /> <br />REVIEW OF ACCESS TO NO~ A~D TREI~ <br /> ESTATF;S FROM 167TR AVENUE I~W <br />By: Pete Raatikka, City Engineer <br /> <br />Background: <br /> <br />At the April 14, 1987 Council. ~eeting~ the City Council directed me to review <br />the status of the 16.5 foot st~'ip of property between the proposed plat of Now <br />and Then Estates and the existed.ag 167th Avenue NW right-of-way. <br /> <br />Based on our surveys of the roz~d, the north edge of the existing road surface <br />is located approximately on th~ property line. The ditch on the east end of <br />the property is poorly defined and the ditch on the west end is approximately <br />10 feet from the property line. Therefore, it would be difficult to claim the <br />entire strip of property by ad'~erse possession. <br /> <br />I have also talked to the owne~:, Mrs. Walters, and she indicated she would sell <br />the property at the fair marke~ value,. <br /> <br />Observations: <br /> <br />Since the City directed the deweloper to provide access to his plat from 167th <br />Avenue NW, it wo~ld seem appropriate to assist the developer in obtaining <br />access to 167th Avenue NW iJ the City doesn't buy the right-of-way for <br />upgrading 167th Avenue NW and i.n the event the developer is unable to purchase <br />the right-of-way for Garnet St'~eet NWo Article 170.039C2.g. of the City Code <br />states "In the event the subdi~ider requires easements outside his plat, he may <br />request the City to take over ~hat portion of the project and construct the <br />project as a City project"~ <br /> <br />Recommendation: <br /> <br />I would recommend that City St~ff be directed to obtain a waiver of trespass <br />for access at Ga~.net Street NW for the plat, provided the developer agrees to <br />pay for the expense incurred by the City. This would allow the developer to <br />continue with his platting pr¢cess without waiting for 60 days for Council <br />action on 167th Avenue NW. In the event the 167th Avenue NW project is <br />constructed, the City would purchase the right-of-way. If the project is <br />petitioned against and stopped.~ then the developer would have to purchase the <br />right-of-way with or w~thout the City's assistance and pay for all costs <br />involved. <br /> <br />Council Action: <br /> <br />Motion to: <br />Direct City Staff to obt~in a waiver of trespass for extending Garnet <br />Street NW north, provided the developer pays all expenses involved. <br /> <br />Review Checklist~ <br /> <br />Administrator <br />Attorney <br />Engineer _~_ <br />Community Development Director <br /> <br />Chief of Police <br />Finance Officer <br />Public Works Superintendent <br />Other <br /> <br /> <br />