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• lliam G. Haw ?ZS a nd Assa cites <br />• <br />• <br />WIWAM G. HAWKiNS <br />BARRY A. SULLIVAN <br />April 13, 2001 <br />, Legal Arsistont . <br />TAMMI J Uvs <br />Mr. Richard DeGardner <br />Lino Lakes City Hail <br />600 Town Center Parkway <br />Lino Lakes, MN 55014 <br />Re :! .Pheasant Hills Trai . <br />Dear Ride <br />........................._ <br />................. <br />EXHIBIT # 3 <br />&Man iiawkLaw1 @aalsaom: <br />...................... <br />This is my recommendation following our discussion at the Apra 9, 2001 Council <br />meeting about the need for relocation of the trail in Pheasant Hills Preserve 9th <br />Addition; You had 'indicated to me that the trail has been constructed between Lots <br />1 and 5, Block 1, rather than on the area designated as park within the plat. <br />Discussion has taken place regarding the best way to deal with the construction of <br />the trail in the present location. 1 do not.recornrnend creating separate parcels of land <br />for the trail location. This would require a survey, application fees and subdivision <br />approval and review by the Planning and Zoning Commission and City' Council. This <br />would be an expensive and time consuming process. 1 would recommend that we <br />draft easements for signature by the property owners. The easement would be for <br />park trail way purposes only, would provide that the City would :. be responsible for all <br />maintenance of the trail and would assume all liability for any claims or injuries that <br />may occur an the trail. The City would have exclusive control of this area and there <br />should not be any risk to the property owners of claims for injuries merely because <br />they own the underlying fee simple interest. <br />The existing 20 foot park corridor shown on the plat would: be vacated following a <br />public` hearing in the same manner that we use for' street vacations. Each adjacent <br />property owner would receive 1 h of the park land pursuant to Minnesota law. <br />if-tile .property owners -are willing tti proceed in this, manner, 1 am prepared to draft <br />park trail easements for 'tip consideration. If yc ., have any questions please <br />contact me «: <br />.......... ............................ <br />WAWA <br />Item 7A <br />6 <br />