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<br /> --., <br />Franklin: This ordinance relinquishes the north side sewer <br /> easement which has been replaced by a new easement <br /> and sewer main. The old easement is located under a <br /> corner of the new K- Mart building. K- Mart <br /> Corporation wishes to clear up this matter before the <br /> end of the year. The form of the ordinance will allow it <br /> to become effective upon final reading if approved by <br /> three-fourths of the Council members. <br />Fauson: The cost of moving this is by the developer? <br />Franklin: It has already been done at no cost to the City. <br />Davidson moved to place Ordinance No. 1062, Series 1991 out for publication and set a <br />public hearing for December 17, 1991, seconded by Hornbostel. All in favor. <br />ORDINANCE NO. 1060, SERIES 1991 - PEDESTRIAN EASEMENT <br />VACATION - HARDMAN/jOHNSON/SIMPSON - 2ND READING - PUBLIC <br />HEARING <br />Griffiths read by title only Ordinance No. 1060, Series 1991, "An ordinance transferring by <br />Quit Claim Deed any Title and Interest of the City of Louisville in an Easement." <br />John Franklin, Director of Community Development gave a presentation on Ordinance No. <br />1060, Series 1991. <br />Franklin: The property owners in the Enclave Subdivision, <br /> particularly Mr. Hardman, is requesting that the City <br /> relinquish its interest in a pedestrian easement which is <br /> over and across two lots on their property. The <br /> pedestrian easement does link West Enclave Circle with <br /> City owned open space on the Mesa, immediately north <br /> and west of the subdivision. The property owners have <br /> expressed concern about their standing in this matter. <br /> The easement has been previously fenced through <br /> permitted fences and what the liability question might <br /> be if the public suddenly started using the easement. <br /> Because of the nature of this and that it involves a <br /> neighborhood and also due to the potential legal <br /> questions, we did send out notices of this hearing to <br /> property owners and addresses within the Enclave <br /> Subdivision. We notified the applicants that we were <br /> doing so. I also asked the City Attorney to review the <br /> 12 <br /> -- <br />