Loading...
HomeMy WebLinkAbout104-Attachement 3- Letter from Teri Baron.pdfJune 18, 2007 TO: Bill Brooks and 'frail Committee members RE: David 1-JoLisc, Old Oak Way vacation project in exchange for trail easement(s). Dear Bill and Members: I was contacted recently in order to provide a little more history on the above-mentioned project. Please see the attached "Notes to File" document, This document succinctly provides a good picture of what Happened. The followirig is an expansion of the history. I was the City's Trai I Liaison when David House originally requested that the city vacate a portion of the end of Old Oak Way, which was public property. It was proposed that a good trade would be the vacation for trail easements. Mr. House agreed and we proceeded. There was a proposed trail listed on the Parks and Trails Nfaster Pl-(In of 1991 known as segment 46. fart of this segment crossed parcel 503-15-002. If' we could obtain this segment as a hard easement then it would provide the whole Chiquita Way, Comer Dr., Chadwick C1. and portions of Pierce road neighborhoods with access to Fremont Older Open Space, Gam-rod Ranch and Parker Ranch. I handled working out a trail alignment with Mr. House- Obtaining the trail easements involved with the alignment and getting the all prepared and signed. This tTai I alignment is now being referred to as the "2001 Trail." In addition.. I referred Mr. House to a trail builder by the name of Don Hays who had done work already for the City of Saratoga. Mr. Hays indicated that a trail could be built across parcel 503-15-002 and that two bridges would probably have to be built but that they just had to be a simple Culvert type bridges. Mr. House agreed to pay for the trail to be built and the bridges installed provided I could obtain the trail easement changes on the north and South of parcel 503-15-002, 1 was able to obtain and additional easement on the North from Parker Ranch Homeowners Association provided Mr. House pay to repair and/or relocate a portion of the "Tank Trail" which is Segment 4. Mr, House obtained an estimate from Mr. Hays and agreed to do this. At expenditure of great arnounts Of MY Personal time and the cities money, I was able to get the City to Prepare offers of dedication for trail casel-nents. I went to all the parties and obtained signatures and notarized them as I am a notary. The only signature I I was unable to acquire was David House's. I worked for several months to obtain his signature: but he would not sign the offer of dedication for parcel 503 -15- 002. His first excuse was that he needed to plant his vineyard on this parcel before lie located the trail. Then after that was done, his next excuse was that be was applying to the City to build two more houses and did not wont to sign the easement until he obtained the permits. Ii-erninded him that these permits did not have anything to do with the original agreement. At this point, I was stepping down as trail person and handed the Folder with all the signed easements over to the City. It was up to Dave to complete his agreement with the City and myself. Unfortunately, as I have learned recently, not only was this not finished, but this segment has been completely abandoned. Incredibly frustrating and what a monumental waste of time and inoney. However, we must go forward. It has been suggested that now, Mr. House simply write a check to the City that is commensurate with the value of the end of Old Oak Way. If this happens, these funds should be carmarked for trails, as that was the original intent and agreement. In addition to the value of Old Oak Way, Mr. I-louse should reimburse the City for the expenditures that were incurred by the City to fulfill his first agreement. He was the only one that did not live up to his part of the agreement. This matter should have been resolved in 2001 and the only reason it was not, in my opinion, ww Mr. liouse's failure to execute. Respectfully submitted, Teri Lynn Baron I'— it---;- -L) oO TW 4-T &D <,C -' PC -0 T0 Lx; NOTES TO FILE Re: Dave House, vacation request for end of Old Oak Way Debbie Hill from The Steinberg Ciroup Architects, came to the Parks and Recreation Commission's trail subcommittee meeting to request approval for a vacation of public property known as a portion of Old Oak Way (See Map in file prepared by Steinberg for particulars), Debbie had suggested on the Map that a certain trail route as delineated on the Map be dedicated.. However, after review of the Map, a better location was suggested by the trail subcommittee as this location had existing ties and Dave House owned the parcel for the trail suggested by the committee although this parcel was not actually involved in the vacation request. The request was approved subject to the terms and conditions set forth in the June 11, 2001 letter from die City to Dave House (See letter in file). Although it is noted that the parcel numbers referred to in the letter are incorrect, TLB (Teri Baron) volunteered to work out a trail location that would be "best" for both DH (Dave House) and the City. TLB & DH met on Parcel #503-15-002, the location for the new trail casement. TLB & DH walked the parcel and DH suggested a route that he would like "best ". This route involved changing or acquiring two additional trail casements. But if the City could not obtain these easement changes, other routes were suggested in order of preference. TLB then went to the trail subcomittee and updated them on the "best" route scouted. The trail subcommittee then approved TLB's pursuit of the "best" route as suggested by DH. Mike McDowell prepared the easement, documents known as "Offer to Dedicate for Trail Easement Purposes" and TLB obtained the requested acquisition of the additional trail easements to the North and South of Parcel 4503-15-002, See Map in file with House Trail Proposed Route. Original signed casements to record are in the file known as "Parker Ranch Trail Easement" and "Kahn Trail Easement". This "best" route basically eliminates segment 46 and relocates a portion of segment I I and connects segment 11 to segment 4. (See Parks and Trails Master Plan 1991). pH's "Offer to Dedicate for Trail Easement" is in the file unsigned. DH is also planning to build two houses on adjoining parcels,(See planning file) and has linked his approval of these buildings to the vacation request and he does not want to sign the easement until his plans are approved. TLB met with John Livingstone to confirm that the plans for building and the request for vacation are two separate items. While DH may receive approval for his building plans, the vacation requires approval of the City Council. This information was conveyed to DiA by TLB. TLB feels it is appropriate at this time to have the City pursue the final signature of the easement document from DH and there is nothing left to do by TLB. The rest of it is up to DR and the City. ITEMS NEEDING FURTHER ACTION: In exchange for the casement from the Kahns, an abandonment of the existing easements is supposed to be done. Mike McDowell was working on this. if the Williams sign the new easement, the existing casement is to be abandonded as well. Maps showing the new vs. the old easements are in the file. Once DH physically installs the new trail, he is supposed to have it surveyed and then have the new legal description for its exact location recorded. Right now, the easement document reflects the legal description for the entire 503-15-002 parcel. The new trail easements need to be accepted by resolution of the City Council and recorded.