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• <br />Lino Lakes Parks and Recreation Department <br />600 Town Center Parkway <br />Lino Lakes, MN 55014 <br />(651) 982 -2440 Fax (651) 982 -2439 <br />• <br />June 26, 2001 <br />TO: Park Board Members <br />FROM: Rick DeGardner, Public Services Director <br />SUBJECT: Birch Park Trail Update <br />At the June 4, 2001 Park Board meeting, Park Board members directed staff to discuss with the <br />city attorney the possibility of contacting the Whitcomb's attorney regarding the procuring a trail <br />connection from the Trappers Crossing Development to Birch Park. <br />As requested, city attorney, Mr. Hawkins contacted Mr. Seykora. Mr. Seykora indicated the <br />Whitcomb's originally planned to sell the 20 acres of land to a developer for a good price. <br />However, the Whitcomb's decided not to execute the agreement due to tax and capital gains <br />implications. The Whitcomb's have decided to hold the property for a few years to make a <br />determination whether to sell it. The Whitcomb's are concerned about carving out some land for <br />a trail connection since it may have an adverse affect on the potential development of the <br />remaining land. Therefore, the Whitcomb's are not receptive to selling property to the city at the <br />present time. <br />It appears the city is faced with two options. First, we can wait until the parcel of land is sold to <br />a developer and subsequently receive the necessary strip of land to fulfill park dedication <br />requirements. Secondly, the city can pursue condemnation proceedings. A layout of the entire <br />property would need to be done to determine if any land condemnation would affect the <br />remaining parcel. This may result in the city compensating the Whitcomb's for an amount <br />significantly higher than the value of the land. <br />RD:sw <br />sw /parkbrd /meeting information /Birch Park Trail Update.doc <br />