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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Conservation Committee Item: Whitaker Park encroachment easement Date: December 4, 2009 Prepared by: Jackie Corday Initiated by: Parks & Recreation Department & homeowner Sarah Perry Action Required: Approve an approximately 15 foot wide encroachment easement in Whitaker Park for landscaping improvements on the residential lot owned by Sarah Perry (505 Whitaker Drive). Recommended Motion: I move the City Council approve an encroachment easement in Whitaker Park under the terms stated in the attached easement and as shown in Exhibit A. Timeline: Referral to committee: December 4, 2009 Committee discussion: December 9, 2009 Council action: December 14, 2009 Deadline: Approval will facilitate the timely repair of Ms Perry's deteriorating fence. Background and Alternatives Explored: Sarah Perry purchased her home in 2003 located at 505 Whitaker Drive. Unknown to her at the time, the landscaping and fence along the southern and western border of her property encroached upon Whitaker Park by approximately 15' as shown in Exhibit A. The home, landscaping, and fencing were constructed in approximately the late 1950s or early 1960s and thus the encroachment has been existing for over 40 years. To resolve the issue, she would like to purchase an encroachment easement for landscaping and fencing (no structures allowed). The template for the attached easement is the High Park encroachment easement granted to the Dvoraks in December 2006. The price for the easement ($3,465) was also based upon the appraisal for High Park, which is located less than 1/2 mile to the SW of Whitaker Park and has very similar zoning (R-1 verses A – both single family zones with 5,4000 minimum lot size). The Missoula Parks Board will review the easement and vote on a recommendation to Council at their December 8th meeting. Financial Implications: Ms. Perry will pay $3,465 for the easement, which will be deposited into the Farviews/Pattee Canyon cash- in-lieu of parks account to be used for park improvements in this neighborhood. Attachments: Easement Exhibit A