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<br /> City Council <br /> Meeting Minutes <br /> February 21, 2006 <br /> Page 4 of 13 <br /> . The City-retained portion will be used for construction of an ADA- <br /> compliant pedestrian path as a connection to the Community Park. <br /> . The City will delay construction of the pedestrian path for a period of ten <br /> years or until either of the Sawyer or Ehrmann homes is sold to a third <br /> party, whichever first occurs. During this delay period, the Sawyers and <br /> Ehrmanns may continue to occupy the full right-of-way pursuant to an <br /> easement agreement. The entire area is currently fenced and occupied by <br /> the Sawyer and Ehrmann families, as it has for some time. <br /> . The Plaintiffs will be paid $10,000 for settlement of disputed title and <br /> $3,500 for a site-built shed that will need to be demolished for the City to <br /> build the pedestrian path. The City will fence the new right-of-way <br /> boundaries. The Plaintiffs will not place any new structures or <br /> improvements on the City right-of-way and will remove other property and <br /> improvements when the delay period ends. <br /> . The property owners will be responsible for maintenance of water lines in <br /> the right-of-way during the delay period. The lines will then be re- <br /> configured so that each house has an independent water service in <br /> keeping with the standard service configuration for a residential lot. <br /> . A plaque will be installed on a bench in the Community Park as a <br /> memorial to Benard and Hazel Anlauf, relatives of the current owners and <br /> long-time owners of the lots adjoining the rights-of-way. <br /> . Once the conditions of settlement are met, the lawsuit will be dismissed <br /> and the parties will release their claims against one another. <br /> Ordinance No. 1487, Series 2006, is the related vacation ordinance that vacates <br /> the easternmost 12 feet and westernmost 33 feet of the right-of-way. The <br /> remaining 15 feet would not be vacated and would be owned by the City as <br /> noted in the ordinance. <br /> The Ordinance also authorizes the execution of quit claim deeds to effectuate the <br /> creation of the new right-of-way parcels to be owned by the parties. These deeds <br /> would be exchanged after the vacation Ordinance is published and effective. <br /> Section 4 of the Ordinance approves a Grant of Easements and Agreement <br /> granting to the owners the right to occupy the right-of-way during the delay <br /> period. The Easement is valid for ten years or until either of the homes is sold to <br /> a third party. The Easement also details the actions to be taken by the parties at <br /> the time the Easement expires. <br /> Staff recommended Council accept the settlement agreement and the vacation <br /> ordinance on its first reading, and schedule a second reading of Ordinance No. <br /> 1487, Series 2006, for March 7, 2006. <br /> PUBLIC COMMENT <br />