5C - Advisory recommendations to Council to dispose the following park lands in Linden Park, MaxwelCITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: May 1, 2003
(Agenda Item Preparat~on Date: Apri124, 2003)
AGENDA TITLE:
ConsideraUon of a motion to make an advisory recommendation to City Council to dispose
the following park lands m Lmden Park ("Park Property"), also known as Maxwell Lake
Park, pursuant to Charter Section 162•
1) An easement over the easterly five feet of Park Property and certain restrictions on the use
of an approximately 8,000 square foot portion of Park Property located southwest of Lot 10,
Lmden Park, City of Boulder, Colorado, also known as 3732 Wonderland Hill Avenue,
Boulder, Colorado 80302; and
2) (a) A 4,132 square foot portion of Park Property m fee surroundmg Lot 19, Lmden Park,
City of Boulder, Colorado, also known as 543 Lmden Park Dnve, Boulder, Colorado 80303,
(b) a 304 square foot mamtenance easement on the east side of Lot 20 of Linden Park; and (c)
a tree mamtenance easement conststmg of a 12 foot buffer area surroundmg Lot 19 of Lmden
Park.
REQUESTING DEPARTMENT:
Jan Geden, CPRP, Director, Parks and Recreation Department
Douglas Hawthorne, CPRP, Parks Supenntendent, Parks and Recreahon Department
Walt Fncke, Assistant City Attorney, City Attorney's Office
Peter Pollock, Planning D~rector, Plamm~g and Development Services
FISCAL IMPACT.
This disposal will constitute settlement wrth two of three defendants m the Quiet Title Action
brought by the Crty to clear up trtle defects in Lmden Park. The settlement will save m
htigation costs.
s\plan\pb-ttemsUnemos\~cPlannmgBdfinal for 050103 AGENDA ITEM # 5C Pase 1
PURPOSE:
To obtam Planning Board's advisory recommendahon to City Council to approve a mot~on to
dispose certam park lands descnbec~ F~elow located m Lmden Park ("Park Property") Please
refer to the Lmden Park Vicmity Mayc attached as Exhibit A and the Linden Park Detail Map
attached as Exhibrt B
1) The first portion of Park Property proposed to be disposed is located southwest of property
owned by Viola Lange located at Lot 10, Linden Park , Crty of Boulder, Colorado, also known as
3732 Wonderland Hill Avenue, Boulder, Colorado 80302 ("Lange Propert}~') as shown on
Exhibrt C The proposed City mterest to be d~sposed is specifically descnbed m the Agreement
between the Crty and Mrs. Lange attached as Exhib~t D, and mcludes a 5 foot ma~ntenance
easement
2) The second portion of Park Property proposed to be disposed is shown on Exhib~t E and
mcludes the follow~ng (a) a 4,132 square foot portion of Park Property in fee surrounding
property owned by Robert and Andrea Feder (the "Feders") located at Lot 19, Lmden Park, C~ty
of Boulder, Colorado, also known as 543 Lmden Park Dnve, Boulder, Colorado 80303, (b) a 304
square foot mamtenance easement on the east side of Lot 20 of Linden Park; and (c) a tree
mamtenance easement consistmg of a 12 foot buffer area surroundmg Lot 19 of Lmden Park.
The proposed Crty mterest to be disposed is specifically descnbed in Exhibit F
Pursuant to Charter Section 162, pazk lands may be disposed of only upon the affirmahve vote of
at least four members of the Parks and Recreahon Advisory Board Approval was obtamed at the
Parks and Recreation Advisory Board meetmg held on Apri128, 2003. Plannmg Board is
required to make a non-bmdmg recommendahon before Council cons~ders disposal of the park
lands.
BACKGROUND:
On May 31, 1968, a plat was recorded for the development of residential property m the area of
Lmden Park Refer to F~ subrt B As a condrtion for the approval of the plat, the developer,
Albireo Investment, Inc ("Albireo") was required to dedicate some land to the Crty as a public
park The plat contained complete ded~cation language for streets and util~ty easements, but rt
lacked the normal dedicat~on language for a park This was simply an oversight of draftmg by
the developer's surveyor that no one caught The park on the plat map was labeled "Park" m
three places Albireo believed rt had given title to the land to the City for a pazk at the time, the
City accepted it, and all the neighbors understood that this was a park.
In the early 1970's, Albireo proposed to build new homes east of the park Neighbors petihoned
to the Crty to form a general ~mprovement distnct to use a property tax on the neighborhood to
purchase addit~onal land for Lmden Park rather have it developed. Around the tmzc this was
dom, the Parks and Recreahon Director proposed to develop some of the park, bur the
neighbarhood sentiment was strongly m favor of leavmg it m a natural state Thus, Lmden Park
has not had any significant development to date and is mamtamed as an urban undeveloped park
s\plan\pb-items~nemos\~cPlannmgBdfinal for 050103 AGENDA ITEM # SC Paee 2
with no amenrties Eventually, issues arose over title to pomons of the park, and the Crty
brought a quiet title action to resolve them.
Feders
In the early 1990's, Robert and Andrea Feder (the "Feders"), owners of Lot 19 of Lmden Park,
contacted the Parks and Recreation Department about purchasmg some park land ad~acent to
their home It appears that the previous owner of Lot 19, unbeknownst to the Parks and
Recreat~on Department, had planted trees and bushes on what the Feders discovered was not their
own land The original subdiv~sion agreement had allowed houses and garages to be built nght
up to the lot lmes. Upon further mvestigation, the Parks and Recreat~on Department determmed
that trees, shrubs, wood fencmg, and part of the asphalt dnve, curb, concrete spillway, gravel
spillway, pad and deck were encroachmg on park property from Lot 19. The Parks and
Recrearion Advtsory Board decided that rather than takmg a piecemeal approach to deahng with
this one request, the Parks and Recreatron Department should survey the entire Lmden Park area
for encroachments The survey revealed there were many mmor encroachments mto Linden Park
mcludmg fences, gardens, lawn extensions, and a flagpole. Letters were sent to property owners
ad~acent to Lmden Park requinng removal of their encroachments. As a result of these vanous
encroachments, the City learned of the problems wtth the ongmal park dedicarion language issue.
In 1994, the Parks and Recreation Advisory Boazd and City Council approved the sale of 1,800
square feet of park land to the Feders. However, this transaction was never completed due to
problems obta~nmg trtle msurance because of the dedicahon language issue
In Apn12000, the Feders obtained a quit claim deed from the former board of directors of
Albireo for 4,622 square feet of Park Property on the outside penmeter of Lot 19 and the
westerly edge of Lot 20 of Lmden Park as shown on Exhibit G
Lanee
On July 1, 1992, m con~unchon wrth the encroachment issues surrounding Lmden Park, the Crty
sent a]etter to Viola Lange, the owner of Lot 10, Lmden Park, also known as 3732 Wonderland
Hili Avenue, regardmg her landscapmg encroachments. Over the years, Mrs. Lange had turned
the approximately 8,000 square foot portion of Park Property southwest of her property, as
shown on Exhibrt C, mto an irngated turf grass side yard. Mrs Lange responded by clazmmg
that the dedicahon language oversight m the Lmden Pazk plat meant that the City didn't own the
land In 1994, the Langes obtamed a qutt claim deed for the approximately 8,000 square feet
portion of Park Property west of her res~dence, as shown on Exhibrt C, from the former board of
directors of tha developer, Albireo, which was dissolved by this t~me The Langes were even
able to purchase title insurance on this portion of Park Property.
In response to the Crty's encroachxnent letter in July 1992, Mrs. Lange requested that the City
consider selling the approximately 8,000 square foot portion of Park Property as shown on
Exhib~t B At its meeting on October 26, 1992, Parks and Recreat~on Advisory Board considered
the possibihty of sellmg this portion of Park Property, but a ma~ority of the Parks and Recreation
Advisory Board was not mterested m selhng it This was also Parks and Recreation Advisory
Board's opmion m 2002.
s\plan\pb-items~memos\~cPlannmgBd5na1 for 050103 AGENDA ITEM # SC Paee 3
Filing Ouiet Trtle Action
To ensure that no other property owner ad~acent to the park would try to obtam a quit claim deed
from the former board of directors of Albireo, the Crty obtamed its own qu~t claim deed In
December 2001, the City filed a qu~et trtle achon agamst Mrs Lange, Robert and Andrea Feder,
and Joan S Hill The quiet title action also mcluded land ad~acent to Lot 18 of Lmden Park, aiso
known as 3772 Wonderland Hill Avenue, owned by Mrs. Hill as shown on Exhib~t B
Settlement has not been achieved with Mrs Hill, and tnal is set for the week of June 9, 2003.
ANALYSIS:
City staff has reached acceptable terms of settlement with both Mrs Lange and the Feders Upon
City approval of the proposed disposals descnbed below, the potent~al settlements also descnbed
below will be effective These settlements resolve long-term property issues, as well as avo~d the
add~tional costs and uncertamries of lrt~gation.
Potenrial Lanee Settlement
The City and Mrs Lange have agreed on the terms of settlement of the Lmden Park quiet title
action, subject to the necessary approvals by Parks and Recreation Advisory Board and City
Council Please refer to Exhibit D Mrs Lange has agreed to convey by qud claim deed to the
City any of her interest m the approximately 8,000 square foot portion of Park Property as shown
on Exhibit C. In exchange for Mrs. Lange's quit claim deed, the Crty will convey an easement
over the easterly five feet of the Park Property to allow the Lange's access to mamtam their roof
due to the overhangmg eaves from the Lange Residence and agree to certam restnchons on the
use of the 8,000 square foot port~on of the Park Property The restrtchons on future development
of this 8,000 square foot section mclude not constructing any above ground structures mtended
for pubhc use, such as playgrounds, picnic shelters, or other active publ~c facilrties However,
the Parks and Recreation Department will be allowed to make natural improvements and to erect
a sign in the location shown on Exhibit C. The parties have also agreed to disconnect the portion
of the Lange's spnnkler system located on Park Property from that portion located on the Lange
Property. The Parks and Recreat~on Department will be responsible for "stubbmg" the sprmkler
system at the common boundary Ime. Any ~rrigation of the Park Property by the Parks and
Recreahon Department shall be arranged by the Parks and Recreatron Department mdependent
from the Lange's Property.
Potential Feder Settlement
The City and the Feders have also agreed on the terms of settlement of the Lmden Park quiet title
achon, sub~ect to the necessary approvals by Parks and Recreat~on Advisory Board and City
Council The Feders have agreed to convey by quit claim deed to the City any of their mterest m
the 4,622 square foot portion of Park Property as shown on Exhibit G In exchange for the
Feders' qurt claim deed and compensahon to the Crty far the 4,132 squaze foot port~on of Park
Property to be conveyed m fee, the Crty will convey to the Feders the followmg• a 4,132 square
s~\pian\pb-rtems~nemos\~cPlannmgBdfinal for 050103 AGENDA ITEM # SC Paee 4
foot portion of Park Property m fee surroundmg property owned by the Feders located at Lot 19,
Lmden Park, C~ty of Boulder, Colorado, also known as 543 Lmden Park Dnve, Bou]der,
Colorado 80303, (b) a 304 square foot mamtenance easement on the east side of Lot 20 of
Lmden Park; and (c) a tree mamtenance easemant consishng of a 12 foot buffer area surroundmg
Lot 19 of Lmden Park , all of which are specifically descnbed m Exhibit F.
PUBLIC COMMENT AND PROCESS:
This rtem is being discussed at this pubhc meeUng, advertised in the Daily Camera
STAFF RECOMMENDATION:
Staff recommends that the Plannmg Board make an advisory recommendahon to City Council to
approve a motion to dispose the followmg park lands m Lmden Park, pursuant to Charter Section
162. (1) the disposal of Park Properiy as set forth m the Agreement between the City and Viola
Lange attached as Exhtbrt D; and (2) the disposal of Park Property as set forth m the Terms of
Agreement between the City and the Feders attached as Exhibit F
Approved By:
I / ~ ~ ` --F~
Peter Pollock, Plannmg Director
EXHIBITS:
A Lmden Park Vicmrty Map
B Lmden Park Detail Map
C Map of Lmden Park Property Located Southwest of Lange Property with
Proposed Restricted Use and Proposed Easement over the Easterly Frve Feet
D Agreement between the Crty and V~ola Lange
E Map of Linden Park Property Proposed to be Disposed around the Feders'
Property and Proposed Tree Mamtenance Easement
F Terms of Agreement with the Feders
G Map of 4,622 Square Foot Parcel of Park Property
s\plan\pb-items~nemos\~cPlannmgBdfinal for 050103 AGENDA ITEM # SC Paee 5
EXHIBIT A
Linden Park
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EXHIBIT D
AGREEMENT
THIS AGREEMENT is made and entered mto th~s _ day of , 2003, by
and between Viola B Lange, whose address is 3732 Wonderland Hill Avenue, Boulder, Colorado
80302 ("Lange"), and the City of Boulder, a mumcipal corporation of the State of Colorado, whose
address is P O. Box 791, Boulder, Colorado 80306 (the "Crty")
RECITALS
A Lange is the record owner of L,ot 10, Linden Park, Crty of Boulder, County of
Boulder, State of Colorado, also known as 3732 Wonderland Avenue, Boulder, Colorado 80302 (the
"Lange Property")
B On ar about November 29, 1994, Albireo Investment, Inc., a dissolved Colorado
corporahon, delivered a Quit Claim Deed to Lange, which Qutt Claim Deed was recorded
Decemberl9, 1994 at Recephon No. 01485666 and which conveyed to Lange any htle wluch Albireo
Investment, Inc might have had m and to certam real property located m the County of Boulder, and
which ~s more particularly descnbed on Exh~brt A(the "Park Property")
C. The Ctty has disputed Lange's trtle to the Park Property, and as a result of such
dispute, the Crty brought an action m the Distnct Court of Boulder County, Colorado, pursuant to
C R C P 105 to qmet trtle m the Park Property m the City Such action is captioned The City of
Boulder v Robert T Feder• Andrea K Feder Viola B Lanae and Joan S Hill, Case No. 2001 CV
1952, Division 2, Distnct Court, Boulder County, Colorado (the "Achon")
D Lange and the City desire to settle the~r dtspute on the terms and conditions set forth
m this Agreement.
NOW THEREFORE, for good and valuable considerahon, the receipt and sufficiency of
which is hereby acknowledged, the parties do hereby agree as follows:
1. Contemporaneously with the execut~on of this Agreement, Lange shall dehver to
Boulder a Qurt Claim Deed conve}nng all of her right, title and interest m and to the Park Property
to the Crty A copy of such deed is attached hereto as Exh~bit B.
2. The City does hereby sell, transfer and convey to Lange an easement over and across
the easterly five (5) feet of the Park Property for the encroachment of the overhangmg of the eaves
of the roof on the westerly side of the residence located on the Lange Property and for access to the
Agenda Item # .5C Page # ~
EXHIBIT D
Lange ~'roperty for the purpose of the repair, mamtenance and replacement of sucl; roof and the
westerly side of such ;,;sidence ad~acent to the Park Property Such easement shall be appurtenant
to the Lange Property and sirall mure to the benefit of Lange, her heirs, successors and assigns
3. The grass on the Park Property is presently imgated with a sprtnklmg system wh~ch
is connected to the spnnklmg system for the Lange Property. The parties shall coordmate the
disconnection of said spnnklmg system located on the Park Property from that located on the Lange
Property. Lange shall be responsible for the cost of disconnechng that port~on of the spnnklmg
system which serves the Park Property from Lange's manifold spnnkler controls The City will be
responsible for "stubbmg" the spnnkler system at the common boundary line between the Lange
Property and the Park Property. Any irrigahon of the Park Property by the C~ty shall be azranged by
the City mdependent from the Lange Property
4 The Crty agrees that rt will not construct any above ground structure mtended for use
by the pubhc on the Park Property, such as, but not hmrted to, playgrounds, p~cmc shelters,
restrooms, volley ba11 courts or pits, tenms courts, basketball courts, skate parks, shuffle boards, or
other public sport facilities. However, the City may erect and mamtam a sign, not to exceed 92
squaze feet, and generally located as shown on the drawing attached as Exhibit C The City may
construct and improve the Pazk Property with irngation facilities, trees, shrubs, bushes, grasses or
any other plants or natural features and the faciliues necessary to mstall or mamtain those plants or
natural features. The Crty agrees to not remove any trees currently located on the Park ?roperty,
unless they become diseased or damaged beyond repair, ar become a hazard to the Lange Property,
the Park Property or the pubhc m general. Should any mature trees be removed due to the above,
the City agrees to replace the same with trees that are compatible with the natural state of the C~ty
Pazk and which may or may not be of the same s~ze and species as the trees that are removed.
The Park Property shall be used solely for public park purposes.
6 Any notices requ~red or contemplated under this Agreement shall be m wntmg and
shall be deemed properly given and received (a) when actually dehvered and received, ac (b) three
(3) busmess days after bemg deposrted m the U.S. Mail, by Certified Mail, Return Receipt
Requested All such nohces shall be furn~shed with dehvery or postage charges prepaid addressed
to the party at the address set forth in the mtroductory paragraph of this Agreement, ar such other
address as such party may designate by wntten notice to the other party. Notice to the City shall be
sent to the attention of the Park Supenntendent, City of Boulder Park and Recreat~on Department.
The nghts, duties and obhgahons set forth m th~s Agreement shall be deemed
Agenda Item # ,`i (~ Page # /G
EXHIBIT D
covenants rumm~g with the land and shall be bindmg upon and inure to the benefit of the heirs,
successors and assigns ofthe parhes hereto.
8. This Agreement shall be construed m accordance with the laws of the State of
Colorado
9. In the event any action is brought or commenced to enforce the terms and provtsions
of th~s Agreement, the prevaihng party shall recover rts costs, expenses and reasonable attomeys
fees.
Viola B Lange
STATE OF COLORADO )
) SS.
COUNTY OF BOULDER )
The foregomg mstrument was acknowledged befare me this day of , 2003
by Viola B. Lange
WITNESS my hand and official seal.
My commission expires
Notary Pubhc
CITY OF BOULDER, a mumcipal
corporahon of the State of Colorado
BY.
ATTEST.
City Clerk on behalf of the Director of
Trtle.
Agenda Item # -`i(:. Page # //
EXHIBIT D
Fmance and Record
Approved as to form•
Crty Attorney
Agenda Item # ,5 C Page #~
EXHlBIT E
MAr OF ~ARK ?R~PERTY ADJACE[~4T TC LOTS :9 8c 2fl, LINDEN ~ARK,
?ROPOSED TO 8E DlSPOS~D
LOCA~D IN Tf;E NE1/4 OF S=CPCt~ 24, T1~i, R7`W ~F Trif 6Tf? P.PA.,
CIT;' QF SO:JLDEr~, COUtdTY OF HCJLDER, STA~t-QF CCiORA~J~.
PARK
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MAINTENANCE EASEMEf~T EASEMENT
{AREA: 3D4 SQ F~
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SCALE: 7• = 40•
NOTE
7Nf5 MAP DOES N~T RFPRES~NT
A BOV1fDARY SLAtVEY Q4 T7II2
SEARpI PERFORltED BY BOULDFA
LAND QONSUL7AN7S 7NC. tFfERE
MAY EA15f EAS~IffNTS M~ OR
DiHtR FNLYli,~RANC£5 CRNG
7N£ SUB.ECT PROPERTY 7HA7 ARE
NOT SF(OMN kERFON.
HOU~EB LM-D CONSIILTANI3', PIC
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(JOS) H3-J618
"117~OEM].D1Y~"
DAZE: 04/22/2D03
- ~ :PROPOSED PROPERT( TO
6E CONVEYED iN F'~E
(AREA: 4132 SQ fT)
EXHIBIT F
TERMS OF AGREEMENT
BETWEEN THE CITY OF BOULDER AND THE FEDERS
1. The Crty of Boulder ("City°) agrees to convey to Robert and Andrea Feder
(the "Feders") the followmg park lands ("Park Property")
a Fee Properiv Upon the Cit}~s approval of a lot hne ad~ustment for Lot 19 of
Linden Park, the City wil] sell to the Feders the 4,132 square foot portion of Park Property
m fee The City shall pay the prem~um on a Utle msurance pol~cy on satd Park Property m
tha amount which the Feders paid for said Park Property The Feders shall not bear any of
the cost of the lot hne ad~ustment that will be prepared by the City. The land transferred
shall have the followmg resmcrion:
Grantee shall erect no structures on the ]and conveyed by th~s Deed (the "Properiy"),
prov~ded, however, that this restnct~on shall not prevent or limit the mamtenance, repair or
replacement of ex~stmg structures and improvements present on the Property as of the date
of thts conveyance ("Existmg Improvements"), so long as such mamtamed, repa~red or
replacement structures or improvements (i) are substanhally s~milar to the Existmg
Improvements, (ii) are not addrt~ons Yo or extensions of the Existmg ImprovemenYs, attd (iii)
do not occupy addihonal porhons of the Property This restncUon shall not prohib~t mcidental
de mmimis encroachment of such mamtamed, repaired or replacement structures or
~mprovements onto addrt~onal portions of the Property so long as a bona fide effort is made,
m connechon with such mamtenance, repa~r or replacement acttvrt~es, to comply w~th the
requ~rements set forth m the precedmg sentence Anythmg contamed herem to the contrary
notwrthstandmg, planhng, landscapmg and fencmg tmprovements are not structures or
improvements l~mded by the restnction set forth m th~s paragraph
b. Mamtenance Easement East of Lot 20. The City shall convey an und~vided
Vz interest to the Feders and an undiv~ded'/z mterest to the other tenants m common of Lot
20 m a 304 square foot easement located immediately east of Lot 20 of Lmden Park The
purposes of this easement are for tree mamtenance and the mamtenance of the followmg
existmg structures m the easement area a rock retammg wall, compost bm, wtre fence.
c Tree Mamtenance Easement Surroundme Lot 19 The City shall convey to
the Feders a non-exclusive tree mamtenance easement consistmg of a 12-foot buffer around
Lot 19 of Lmden Park as amended by the lot line ad~ustment, startmg at the northwest
property corner and endmg at the east boundary comer of Lot 19 where it meets I.ot 20, for
the purpose of mamtaintng exishng trees usmg good silv~cultural prachces
2. Conveyance from Feders. Prior to the City's conveyance to the Feders, the
Feders will quit claim any interest that they have m the 4,622-Square Foot Parcel of Park
Property shown on Exhibit G.
3. Consideration from Feders In cons~deration for the Crty's conveyance of
4,132 square feet in fee, the Feders shall pay the City $16,900 (4,132 square feet x$4 09)
The Feders shall pay 1/11`h of this cost at closmg, and shall execute a Promissory Note
prom~sing to pay the City the remainder over the term of ten years at an annual mterest rate
of 5.25 %.
Agenda Item # S C Page #~
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~~,622 Square ~oot Pnrcel of ,Park Property
LinQen Park
PARCFL 1
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EXHIBIT F
TERMS OF AGREEMENT
BETWEEN TIIE CITY OF BOULDER AND THE FEDERS
1. The Crty of Boulder ("Crty") agrees to convey to Robert and Andrea Feder
(the "Feders") the followmg park lands ("Park Property")
a Fee Pronertv Upon the City's approval of a lot lme ad~ustment for Lot 19
of Lmden Park, the City will sell to the Feders the 4,132 square foot port~on of Park
Property m fee. The City shall pay the premium on a htle msurance pohcy on said Park
Property in the amount which the Feders paid for said Park Property The Feders shall
not bear any of the cosY of the lot lme ad~ustment that will be prepared by the Crty The
premises shall be conveyed by the City to the Feders sub~ect to the followmg
perpetual restriction, which shall run with the land•
Grantee shall erect no shuctures on the land conveyed by this Deed (the "Property"),
prov~ded, however, that th~s restrict~on shall not prevent or hrrut the mamtenance, repa~r or
replacement of existmg structures and improvements present on the Property as of the date
of thts conveyance ("Ex~stmg Improvements"), so long as such mamta~ned, repa~red or
replacement structures or improvements (i) are substanhally s~m~lar Yo the Ex~atmg
Improvements, (u) are not addrtions to or extensions of the Ex~stmg ImprovemenYs, and (ui)
do not occupy addit~onal porhons of the Property Th~s restnction shall not prohibrt mcidental
de m~mmis encroachment of such mamtamed, repaired or replacement structures or
~mprovements onto addit~onal port~ons of the Property so long as a bona fide effort ~s made,
m connect~on with such mamtenance, repa~r or replacement activitres, to comply wrth the
requuements set forth m the precedmg sentence Anythmg contamed herem to the contrary
notwithstandmg, plantmg, landscapmg and fencmg improvements are not shuchzres or
improvements l~mited by the restr~ction set forth m this paragraph The failure of C~ty to
discover a violat~on of the foregomg restrichon, or to take prompt legal action wrth respect
to such violat~on, shall not bar the City from domg so at a later date
b. Mamtenance Easement East of Lot 20 The Crty shall convey an undivided
~/z mterest to the Feders and an undivided'/z mterest to the other tenants m common of Lot
20 m a 304 square foot easement located immediately east of Lot 20 of Lmden Park The
purposes of this easement are for tree mamtenance and the mamtenance of the followmg
existmg structures m the easement area a rock retainmg wall, compost bm, wire fence Tree
mamtenance shall be for the purpose of mamtammg exishng trees using good silvicultural
practices. Any apphcatron of pesricides or other agricultural chemtcals shall be cons~stent
with the City's pohcies for park land and in consultation with City forestry staff
c. Tree Mamtenance Easement Surroundmg Lot 19. The City shall convey to
the Feders a non-exclusrve tree mazntenance easement consistmg of a 12-foot buffer around
Lot 19 of Lmden Park as amended by tha lot line ad~ustment, starting at the northwest
property comer and endmg at the east boundary corner of L,ot 19 where rt meets L,ot 20, for
the purpose of mamtammg existmg trees usmg good silvicultural practices Any apphcation
of pesticides or other agncultural chemicals shall be cons~stent with the City's pohcies far
park land and m consultation w~th Crty forestry staff.
EXHIBIT F
2 Convevance from Feders. Prior to the City's conveyance to the Feders, the
Feders wtll quit cla~m any mterest that they have m the 4,622-Square Foot Parcel of Park
Property shown on Exhibit G
3 Consideration from Feders In consideration far the Crty's conveyance of
4,132 square feet m fee, the Feders shall pay the City $16,900 (4,132 square feet x$4 09)
The Feders shall pay 1/11~~' of this cost at closing, and shall execute a Prom~ssory Note
promismg to pay the City the remainder over the term of ten years at an annual mterest rate
of 5 25 %