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<br />, <br /> <br />Memo to City Council <br />January 17, 2003, Lake Josephine Hills-Ingerson Court/Femwood Channel Improvements <br />Page 2 of2 <br /> <br />. <br /> <br />easement from Lake Josephine Hills Association from the end of Ingerson Court across their <br />property to the channel and along the channel to make the improvements. This will be a <br />permanent easement beeause the plan proposes that the City continues to have access to the <br />channel to perform routine cleaning and maintenanee. <br /> <br />In setting assessments for the property, the City has established a price per foot charge for all <br />benefiting properties. The Lake Josephine Hills Association would receive an assessment based <br />upon the number of front feet surrounding and along Ingerson Court. Assessments can not be <br />based upon the value of land or any improvements on them. The Lake Josephine Hills <br />Association seems to try to make an argument that the assessments are not in proportion to the <br />value of their land. They are correct. Assessments are based upon benefits received and not upon <br />the value of the property. If the Council does feel compelled to survey the property, it should do <br />so with the understanding that this activity is not related to assessment and will not change the <br />value of the assessment. <br /> <br />Recommendation <br />Staff is seeking direction from the Council on the following items: <br /> <br />· Does the Council want to authorize a legal survey of the Lake Josephine Hills Association <br />property? <br /> <br />. <br /> <br />. Determine if the City wants to negotiate for the easement across the channel to the Lake <br />Josephine Hills Association property. <br /> <br />· Establish who will meet to discuss and negotiate with Lake Josephine Hills Association. <br /> <br />. <br />