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the ondlaw anxiety, sleepless nights, unoertainty, and enormous <br /> MOUOaal toll this easaiant dispute has taken upon her family for <br /> over a year. She rants it to stop, she wanted to reaffirmed that <br /> they and the Johnson �simpsone had behaved with the UtMMt probity <br /> thrO%Whaut this ordeal and that any suiRestiovA to the contrary err <br /> both diahoneat and rOPr4barAible. she area her busb" applied for <br /> a fence permit without malice. Thar simply needed to fence the <br /> yard for their dogs. dardaan stated that within the past year her <br /> family Ana endured rumor and innuendo by thew persons socusing <br /> two of p ly hiding the so called easement, of violating hair <br /> rights, u enaroaahinq upon their freedom. she felt that what <br /> matters is that a questionable easement was drawn upon two <br /> properties, when an outiot should have been dedicated, which is the <br /> crux of the problem. she doesn "t feel there is parody in this <br /> dispute. The slightest exposure to the burden liability upon thane <br /> WA the Johnson- simpsons as bcaeowners incontrovertibly outweighs <br /> the needs of those wbo seek a shortcut to the open space when <br /> another, reoently improved, and sidevalked access is readily <br /> available a few hundred feet away. she stated that they bought a <br /> house, applied, and received s fence permit, landscaped their <br /> property, put in a garden, trees, a sandbox, a dog run. and <br /> eventua lY 0440 a house into a bass. she stated that she cannot <br /> allow this divisive, unethical dispute to threaten this home and <br /> the welfare of her family any longer. she asked council to please <br /> vacate this easement. <br /> Jim Hardman, 1119 hest Enclave Circle, Louisville, CO, commented <br /> that mistakes were made as far back a 1966 when a subdivision plat <br /> wan adopted with two dotted limes drawn across two properties as a <br /> way to achieve public access to public property, which is not the <br /> way to achieve access. To aoarpound this prabiem, on the <br /> subdivision plat is the missing dedication language, which <br /> officially dedicates the use and the purpose for this dedication or <br /> for this easement. He stated that all of the other easements show <br /> up, utility, drainage, joint trench easements, but without that <br /> subdivision dedication lanquage it's just two dotted lines on a <br /> subdivision plat. hie stated that you carrot create an outlot out <br /> of private property. His improvements are done. They spent <br /> thousands of dollars and it has been their home for almost five <br /> years. He asked about the liability. Can the get homeowners <br /> ss <br /> insurance, it they a©oe the public to cross =rr property? The <br /> city Attorney's opinion, via Mayor Davidson, is that the only way <br /> Hardman can be totally absolved of responsibility of liability is <br /> if Hardman didn't have dedication or deed to the property. it <br /> needed to belong to the city, which was also Hardman's attorney's <br /> opinion. Councilman risk concerred that they could not be 1000 <br /> absolved of liability, as long as they are anywhere connected with <br /> the property and that in today's "sue happy' world they could be <br /> exposed to a great amount of financial risk and catastrophe as <br /> being wen remotely connected to this piece of property. In the <br /> Planning Ccasmission minutes there are numerous mentions of the <br /> liability cf tta ditch and one mention of the access to the open <br /> 11 <br />