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5.3 Discussion of Proposal to Grant Pathway Easement for Wildflower- <br /> Newbridge Connection <br /> • City Engineer Cheng directed Council to Exhibit A of her staff report, a diagram of the <br /> pathway connection to be considered. She explained that all easements for the <br /> connection route have been obtained by the Town. Recently, the Pathway Committee <br /> informed staff that the off-road easement between the Lands of Bariteau, 13769 <br /> Wildflower and Lands of Lyman, 13770 Wildflower Lane had been heavily planted with <br /> trees and shrubs and was not accessible for pathway usage. A planting violation letter <br /> was sent to the property owners and they were urged to work with the Pathways <br /> Committee for an alternate easement location on the adjacent driveway. Mr. Bariteau has <br /> stated that he had no objection to an easement over the existing driveway, but he has <br /> refused to pay for the survey and recordation costs. At their last meeting, Council <br /> directed staff to analyze remedies for this problem and if the proposed relocation was <br /> undertaken, investigate who would be responsible for the associated costs. Cheng noted <br /> that Town has consistently required property owners to abate any and all violations of the <br /> Town's pathway easement and since the alternate easement location will benefit the <br /> property owners, staff recommends that both neighbors share the cost of the easement <br /> relocation or they should abate the easement planting violation. <br /> OPENED PUBLIC COMMENT: <br /> Jack Bariteau, 13769 Wildflower Lane, addressed Council. He summarized the history of <br /> the development of his property. Bariteau has recently listed his home for sale and he <br /> believes this is the reason for the attention to the pathway easement on his property. He <br /> has agreed to extend the off-road easement and to grant the Town an additional 5 feet on <br /> his driveway but does not feel he should be obligated to share in the survey and legal <br /> costs for recordation with his neighbors the Lymans. Bariteau explained that he had built <br /> a retaining wall on his site to accommodate the pathway with the verbal approval of the <br /> former City Engineer. This had been constructed over a sewer easement and when there <br /> was a change in Town staff, he had been required to remove the retaining wall. Bariteau <br /> said he had spent approximately $15,000. on this project and is unwilling to spend any <br /> more money. The landscaping that has been identified as the planting violation was done <br /> to mitigate/screen his home from his neighbor's view. <br /> Council questioned why the retaining wall was built and if Mr. Bariteau had obtained any <br /> building permits. Bariteau explained that the wall was built to accommodate the pathway <br /> due to the slope of his property and the planting done by the Lymans. He had not gotten <br /> permits. <br /> Chris Vargas, Pathways Committee Chair, explained that the easement in question is a <br /> key connector for the neighborhood pathways. He believes that there is no other suitable <br /> location for the easement and the driveway of the flag lot is the only option. The <br /> Pathways Committee is recommending that the easement on the driveway be widened and <br /> all related costs be paid from the Pathway funds. <br /> Dot Schreiner, Saddle Mountain Drive, stated that the Path Map adopted in 1994 clearly <br /> shows the connection on Wildflower Lane. This path is used extensively. Landscape <br /> 4 City Council Meeting Minutes <br /> November 20,2003 <br />