City Council Minutes 1991 12 03 - Laserfiche WebLink

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-_.. property that the easement existed. It was only recently that Jim and myself decided to explore the possibility of what that entailed. When we started looking into it, we discovered that there is no understanding of what was involved in this pedestrian easement. Upon speaking to Mr. Franklin, we decided to pursue this issue in more detail. We have also talked to counsel about our liabilities and what our rights are under this situation. That is when we wrote the letter of September 10. Sackett: Is there currently a demand, or is there a way for citizens to hike and walk around the Mesa other than to go through your property? Johnson: The nearest accesses are at either end of the Enclave Subdivision. We estimated that it is about 300 feet to the southeast and a similar distance to the northwest to access the open space without going through the Enclave itself. There have been no formal requests to use the easements, at least with me. Sackett: I live on the golf course and if you live on the golf course, you just know that sometimes people are going to come on your property. Do people walk through your neighborhood to try to get to the Mesa and is that a concern? Johnson: There certainly have been neighbors who have accessed the open space through my backyard and there are many other neighbors who could speak for themselves. It has occurred. The pedestrian access as it stands is barred by three fences. Sackett: Do we have a registered easement? Griffiths: The documents that I reviewed that the pedestrian easement is on the subdivision plat. It is identified clearly as a pedestrian easement and is recorded as a pedestrian easement. Yes, at least in my view the City has a pedestrian easement between those two properties. Sackett: Do we have a relatively equal access to that open space without enforcing this easement? If they park at 14