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• William G. Hawkins and Associates WILLIAM G. HAWKINS BARRY A. SULLIVAN April 13, 2001 Legal A sinans TAMMt J. UVEGES Mr. Richard DeGardner Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 Re: Pheasant Hills Trail Dear Rick: 2 EXHIBIT # 3 E- MnaH'awkLawl @aol.com This is my recommendation following our discussion at the April 9, 2001 Council meeting about the need for relocation of the trail In Pheasant Hills Preserve 9th Addition: You had indicated to me that the trail has been constructed between Lots 1 and 5, Block 1, rather than on the area designated as park within the plat. Discussion has taken place regarding the best way to deal with the construction of the trail in the present location. I do not, recommend creating separate parcels of land for the trail location. This would require a survey, application fees and subdivision approval and review by the Planning and Zoning Commission and City Council. This would be an expensive and time consuming process. I would recommend that we draft easements for signature by the property owners. The easement would be for park trail way purposes only, would provide that the City would be responsible for all maintenance of the trail and would assume all liability for any claims or Injuries that may occur on the trail. The City would have exclusive control of this area and there should not be any risk to the property owners of claims for injuries merely because they own the underlying . fee simple Interest. The existing 20 foot park corridor shown on the plat would be vacated following a public' hearing in the same manner that we use for' street vacations. Each adjacent property owner would receive 1 4 of the park land pursuant to Minnesota law. If the property owners are willing to proceed in this manner, I am prepared to draft park trail easements for their consideration. If you have any questions, please contact me. erely, illiam G. wkins •