CCP 07-31-2006 - Laserfiche WebLink

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. . . ~ ~ EN HILLS MEMORANDUM DATE: July 26, 2006 Agenda Item 7 D TO: Mayor and Council Michelle Wolfe, City Administrator Karen Barton, Community Development Director~ Kris Giga, Civil Engineer FROM: SUBJECT: Vaughn Propcrty Access Road Attachments: Map of proposed road and easement BACKGROtJND The City established the Gateway Business District (GBD) in 1988 to rcdevelop the area generally located at the northeast corner of 1-35W and 1-694. In early 1997, Welsh companies requested the City vacate a portion of 14'" Avenue NE to facilitate a proposed development in thc GBD. Howcver, vacating 14'h Avenue would result in the Vaughn property, located to the South and East of the Wclsh property, having no direct access from the West. Although the Vaughn property has an casement access trom the East, due to wetlands and terrain, access from this easement is virtually impossible. Given this situation, the City passed Resolution 97-55 l,,'Tanting the requested vacation of 14'" Avenue NE with the condition that Welsh companies transfer a replacement right-orway to the City which includes Gatcway Boulevard and an acccss to the Vaughn property. Easemcnts were recorded in March 0 r 1998 allowing for the construction of Gateway Boulevard and the acccss to the Vaughn property liom thc West (from Gateway Boulevard). DISCUSSION Per the Access Easement agrccmcnt. dated March 4''', 1998, between the City and Welsh Companies, the City agreed to repair and maintain the Easement Area to thc Vaughn property in a "good and reasonably dust-free condition as a dirt and/or gravel road." Unfortunately, it does not appear that this has happened in the years foJIowing that agreement. In Novcmber of last year, Mr. Vaughn notified the City that because thc access road had not been maintained it had