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<br /> Communication 981 <br /> <br /> Resolution 517-08 <br /> <br /> Page 3 of 3 <br /> Council Member Yagong noted the legitimate question between "dedication" and a "fee simple <br /> easement" and said that if the 8 acres of Parker Trust is an easement, would Parker Trust be able <br /> to place conditions on the use of the property. Mr. Yagong stated, for example, if there exists an <br /> easement to go fishing but the easement is owned by a community association who established <br /> limitations, the landowner still sets these limitations. Mr. Yagong expressed concern that if an <br /> easement is accepted, does that result in the County being beholding to restrictions. Director <br /> Yuen stated he believes that typically an easement for a specific purpose would come with <br /> restrictions and likewise, a dedication could also include limitations. Mr. Yagong noted that if <br /> the property was taken as an easement the County would still have input as to use and that he <br /> certainly would not want to road-block something that the community has worked on for years. <br /> Mr. Yagong concluded he was willing to give his approval with the understanding that the <br /> County have control of some of the conditions. <br /> Council Chair Hoffmann made note that the 8-acre easement prohibits use of the trail by <br /> equestrians and that the County is assessed approximately $66,000 per acre for property that is <br /> located in a flood plain. Mr. Hoffmann expressed that he did not want to stop this measure but <br /> felt that the community needs to have answers. Council Member Jacobson noted that easement <br /> values were not attached to the packet and wanted to see the July 3`d letter referencing the worth <br /> to be $87,000 per acre. <br /> Council Member Ford noted that there were too many issues outstanding and that she was very <br /> uncomfortable in supporting the measure without first obtaining comments from the Department <br /> of Public Works. Ms. Ford's motion to postpone this matter until answers to the various <br /> questions raised could be obtained, failed. <br /> A motion to approve this measure received four aye votes. Pursuant to Council Rules, 5 aye <br /> votes are needed to pass a measure. Therefore, your Committee on Planning forwards <br /> Resolution No. 517-08 to the Council with a negative recommendation. <br /> and <br /> AYES NOES A&E EX Raspectfiilly SUbinlne(1, <br /> FORD X <br /> HIGA X CObIIvIIT'fEE ON PLANNING <br /> HOFFMANN X <br /> II~DA X <br /> JACOBSON X ' <br /> NAEOLE X K. NGEL PILA , C <br /> PII.AGO X <br /> YAGONG X PC REPORT NO. 67 <br /> YOSHIMOTO X ADOPTED: <br /> 3 <br /> <br />