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<br /> .... <br /> matter and be prepared to discuss possible legal <br /> ramifications and impacts if the City Council chooses to <br /> relinquish the easement, or if the City Council chooses <br /> not to. The Council at the last meeting raised the <br /> question as to why relinquish the easement and at the <br /> City Administrator's request, I did prepare a brief <br /> report outlining some of the issues in more detail <br /> (attachment B). The applicants are present and I <br /> believe there are residents from the neighborhood. <br />Tom Johnson, 1121 W. Enclave Circle, Louisville, CO 80027 <br />Johnson: I am speaking on behalf of myself, my wife and our <br /> neighbors, Jim and Grace Hardman. In a letter to John <br /> Franklin, dated September 10, we made the request that <br /> the easement on lots 25 and 26 in the Enclave <br /> development be vacated. This easement, as Mr. <br /> Franklin, has already pointed out, IS a 10 foot <br /> pedestrian easement that exists on the joint property <br /> line of lots 25 and 26. There are several issues that we <br /> feel are important to be cognizant of this issue; first <br /> there is no statement of exactly what the pedestrian <br /> easement entails, what access rights pedestrians are <br /> given by this easement; nor is their any statement as to <br /> who IS responsible for the maintenance of the <br /> pedestrian easement itself; nor is there any mention of <br /> who is responsible for any liability that might be <br /> incurred. These are the issues that lead Jim and myself <br /> and our wives to request that the Council vacate this <br /> easement. As Mr. Franklin already pointed out, fence <br /> permits were obtained in February of 1988 by Mr. <br /> Hardman for his fence at 1119 W. Enclave Circle and <br /> further fence permits were obtained by the James <br /> Construction Company for construction of the fence on <br /> my property at 1121. On advice of counsel, we feel that <br /> this already maintains de facto vacation of the easement <br /> so we are requesting that that be formally announced. <br /> We feel we are in a very exposed situation legally and <br /> want to, as much as possible, minimize our exposure. <br /> We are requesting that this easement be eliminated. <br />Sackett: How did we discover that there was a problem? <br />Johnson: We have known basically since the purchase of the <br /> 13 <br />