Agenda - Council - 07/27/2004 - Laserfiche WebLink

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Value of Trees Removed Value of Purchase of Road Easement Dusbabek Property $2,700.00 $15,100.00 Kaas Property $1,700.00 $19,100.00 Total $4,400.00 $34,200.00 Greg Bauer and Steve and Christy Dusbabek wish for a quick resolution on this matter as all invloved parties have been involved in this matter since the beginning of the year. Mr. Bauer needs to make a deterimination on whether his driveway will come from the north (161st Lane and Olivine) or from 160th Lane by August 1, 2004. In order for Mr. Bauer to utilize a driveway from the north, addditonal trees need to be taken down behind the Dusbabek property. Both Mr. Bauer and the Dusbabek have expressed a strong desire not to have the access from the north, but in order to stay on schedule for completing his house, Mr. Bauer will need to make a decision by August 1, 2004. Staff has discussed the possibilty of financial particiapation by Mr. Bauer to assist in purchasing the road easement from the Kaas and Dusbabeks. He has indicated that he is willing to explore some cost sharing. Recommendation: A decision needs to be made on whether the City will purchase the road easement or not. If the City Council decides to purchase it, Staff will begin negotiations to purchase the easement based on the appraisal. The Council should also consider whether it wants to authorize condemnation if negotiations are not successful. It is Staff's understanding that if the City indicates that it will purchase the road easement, Mr. Bauer will plan on receiving access from 160th Lane and not from the north. If the City Council decides not to purchase a road easement, either Mr. Bauer and the Kaas and Dusbabeks will need to reach an agreement about the creation of a private road easement or Mr. Bauer will cut in his driveway from the north. The City will then also have to settle with the Kaas and Dusbabeks regarding the value of the trees removed from their properties. City Council Aciton: Will be based on discussion. Review Checklist: City Administrator Community Development Director City Attorney CC: 07/27/04