City Council Minutes 1992 11 04 - Laserfiche WebLink

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ACCESS EASEMENT - 1ST READING - SET PUBLIC }r~ARING (11/17/92) Griffiths read by title only Ordinance No 1089, Series 1992, · "An ordinance transferring by Quit Claim Deed any title and interest of the City of Louisville in an pedestrian access easement." Susan Griffiths, City Attorney, commented that at the last Council meeting, the majority of the Council present voted to vacate the pedestrian access in the Enclave subdivision. This must be accomplished by an ordinance. In order for that to take effect, the ordinance before Council tonight would vacate that easement. Davidson called for Council comments. Lathrop: I wasn't here at the last Council meeting and I want to make a comment in light of how I intend to vote. The facts, as I see them, are that the pedestrian easement was designated on the final plat on the Enclave subdivision, prior to any construction. Both affected property owners were aware of the easement and proceeded to install improvements and landscaping on the easement based on the advice and/or opinions from several sources, including a department head in the City of Louisville in 1988. In the opinion of our City Attorney, the pedestrian easement, as designated on the plat, does legally exist. The question is should the City abandon the easement under the current factual situation? It is my opinion that the best decision for the City is to retain that easement. Therefore, I will be voting against abandoning it. Mayer: Although the City Attorney does believe that an easement exists, in Executive Sessions she has said that while the chances of the City prevailing in Court are good, they weren't 100%. This finally swayed me. Howard: The reason why I voted for the vacation of this easement and why I will again is that if there were no other access for that area, there