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In any case, what the developer did or did not do before we built our home is <br />\-' water over the dam. It is too late to require the property grading to match <br />the original plan. In order for the City to get a court order, it will have to <br />meet the requirements for equitable relief. We will argue that the City has <br />waited too long to enforce the development agreement and that we have <br />relied to our detriment on City actions in the meantime. <br />We have landscaped our yard around the pond. If there were an issue with <br />needing more storage, it could be accommodated by adding to the pond or <br />taking fill away from the land between the rink and the pond. As far as I can <br />see, Mr. Powell is figuring that we should not only remove the hockey rink, <br />but that we should allow or pay for our yard to be dug apart. The end result <br />would be a large area where vegetation would not grow and water would not <br />stay. <br />THE CITY SHOULD APPROVE A PARTIAL VACATION OF THE EASEMENT. <br />We remain willing to satisfy the City's legitimate concern about storage of <br />water. However, there is no question that the easement remaining after <br />vacation for the hockey rink is more than enough to provide for compensatory <br />water storage as envisioned in the original development plan. <br />