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Ms. Dennis did not think being so uncompromising was building good will for the <br />trails. She would also like to have the trail now, but did not want to impose that on <br />people who are not ready for it. There is assurance that when the property is developed, <br />the trail will be built. She assumed that at some point Mr. Bach's property will no longer <br />be agriculture, based on the North Sycamore Specific Plan, and there will be a street <br />constructed there. She asked what the City's options were if there is an easement for the <br />trail and the property never develops. <br /> <br /> Mr. Swift said the City could construct the trail when it wished. As currently <br />written, Condition #8 specifies the path would be constructed in conjunction with the <br />Bach property. That condition is more directory than actually doing anything. Condition <br />#6 requires a deed for the easement to the City. Then it is between the City and Mr. Bach <br />as to when the path is developed. The actual location of the trail as suggested by Mr. <br />Pico would be reviewed in conjunction with the house. <br /> <br />Mr. Roush indicated that if Condition #8 is modified, there is a risk that the entire <br />Bozorgzad application will be delayed until the Bach's provide the easement. <br /> <br /> Mr. Tarver said the reason he liked Mr. Pieo's suggestion is that the matter be <br />resolved prior to recording the parcel map or issuance of a building permit. <br /> <br /> Mr. Swift said that could be resolved by putting the trail on the Bozorgzad <br />property. However, if Mr. Bach is still unhappy with the trail adjoining his property even <br />if it is not on his property, a portion of the private street is on his property and Mr. <br />Bozorgzad would require Mr. Bach's participation to build the street in that <br />configuration. <br /> <br /> Ms. Dennis felt this issue had been worked out as far as it can. It has a strong <br />Planning Commission recommendation and the concurrence of the people who worked <br />together to make it happen. She agreed the trail was a priority, but she did not want to <br />have a big fight and loose the trail altogether. <br /> <br /> Ms. Michelotti wanted the easement for the path now. <br /> <br /> Mr. Swift said that was provided in Condition #6. <br /> <br /> Mr. Tarver said that provides the easement, but it doesn't give the City the right to <br />build the path at any future date unless Condition #8 is changed. <br /> <br /> Mr. Roush asked if Council meant to obtain the easement before the parcel map <br />was recorded. In other words, in order for the Bozorgzad project to go forward, it must <br />have the signed easement from Mr. Bach. <br /> <br /> Mr. Bach said he could not give an easement if Council is contemplating building <br />the path before his property is developed. <br /> <br /> 18 09/20/99 <br />Pleasanton City Council <br />Minutes <br /> <br /> <br />