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248 <br /> <br /> one of the springs to a single property owner. The use of the <br /> spring and the fencing may adversely affect wildlife and prevent <br /> access from the public which the open space portion of the PUD <br /> specifically calls to be provided for. She asked how Joel/Greist <br /> will implement the conditions of the PUD and how will the City's <br /> acceptance of Parcel A affect the conditions that overlay their <br /> property. PARC would like to see specific plans for the <br /> Joel/Greist property eventually to bededicated to the City. The <br /> spring on the property is an important natural resource and is <br /> productive in an important water shed resource. Ms. Dennis said <br /> that the PUD designated the open space area as a whole and that the <br /> City should not immediately accept dedication of only a part of the <br /> open space. <br /> <br /> Steve Delva, representing A-M Homes, offered to answer any <br /> questions that Council might have. <br /> <br /> Mr. Pico asked why A-M Homes finalized the lot line split and <br /> recorded the deed when it agreed that it would not do so until such <br /> time as an agreement was reached between Joel/Greist and Ms. <br /> Sorensen. <br /> <br /> Mr. Delva explained that at the time this project received its <br /> tentative map approval Council had asked A-M Homes to consider Mr. <br /> Joel's request for a lot line adjustment. A-M Homes agreed to do <br /> so. Mr. Joel told A-M Homes that the lot line adjustment was <br /> necessary to allow him to include his roadway on his property. Not <br /> until later did A-M Homes learn that the spring was the real issue. <br /> A-M Homes tried to facilitate an agreement with the Sorensens and <br /> the Joels over the issue. Subsequently, A-M Homes was threatened <br /> with a lawsuit by Mr. Joel's attorney if the lot line adjustment <br /> wasn't recorded. Council has already set the conditions with <br /> respect to water allocations. At that time, Ms. Sorensen felt that <br /> these conditions were sufficient in the absence of more formalized <br /> agreement with Mr. Joel to protect her interest. It was never <br /> intended to mislead or misrepresent that A-M Homes would not honor <br /> its commitments. To the best of his knowledge the items submitted <br /> are in conformance with the tentative map. <br /> <br /> Ms. Mohr asked if the final map would be approved by operation <br /> of law regardless of what was done this evening. <br /> <br /> Mr. Roush stated if the Council neither approved nor <br /> disapproved the final map it would be deemed approved by operation <br /> of law. If Council disapproved the final map on the basis that <br /> there was not substantial compliance with the conditions of <br /> approval then the final map would be denied. <br /> <br /> It was moved by Ms. Mohr, and seconded by Ms. Scribner, to <br /> approve the Subdivision Agreement, final map, and improvement plans <br /> for Tract 6362, Garms Ranch, A-M Homes. <br /> <br /> 12/15/92 22 <br /> <br /> <br />