Laserfiche WebLink
Mayer: <br /> <br />O1 son: <br /> <br />Sundance Subdivision. When that was <br />built in 1983, the City had promised <br />us that we would have some access to <br />the bike path. That access has <br />never developed at all. As a <br />consequence, the whole area east of <br />the bike path has used this piece of <br />property to access the bike path. I <br />think it would be in the interest of <br />a good portion of the residents to <br />have that property as City property <br />as access to the bike path. <br /> <br />How long has that area been used as <br />a traversal path for people? <br /> <br />The Sundance Subdivision was built <br />in 1983 and it has been used ever <br />since. In 1983 the land didn't have <br />the present elevation that it has <br />right now. It was all 8 - 10 ft. <br />lower. <br /> <br />Mayer: <br /> <br />How would adverse possession, if the <br />path had been used for the past 10 <br />years? Would adverse possession <br />apply in this case? <br /> <br />Tami Tanoue, acting City Attorney, stated that there are various <br />re{~irements that have to be met in order to obtain title to <br />property by adverse possession. It's not just use. It has to be <br />open, hostile, and notorious, etc. She stated that there is at <br />least 18 year period. <br /> <br />Mayer: <br /> <br />Is there an equivalent for an <br />easement, if someone uses .... Or, <br />does that work pretty much the same <br />way? <br /> <br />Tanoue: <br /> <br />I think you're talking about a <br />prescriptive easement and I think <br />the legal principals behind that are <br />similar. <br /> <br />Mayer: <br /> <br />I think getting further information <br />in this area might be more useful, <br />in terms of what the applicable law <br />at the time was. <br /> <br />Olson: <br /> <br />And if there wasn't a permit that <br />should have been obtained. Then, <br /> <br />28 <br /> <br /> <br />