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#2341 - Little Orchard Easement <br />November 6,1998 <br />Page 2 <br />Easement Location Relationship to Top of Bluff <br />The intent of locating the easement line as originally accepted last summer was two-fold: <br />1. It was located so as to be at least 30' setback from top of bluff as roughly defined <br />in the field and per the old topography. <br />2. It more or less followed the old field fenceline, beyond which trees exist which we <br />intended (and still intend) to presers'e. <br />The new topographic information tells us that the newly defined top of bluff is more than 30' <br />downhill from the existing easement line. We could, therefore, move the easement downhill if the <br />tree preservation goal will still be met. <br />In staffs opinion that goal will not be met by defining the easement boundary at the 30' bluff setback <br />line depicted by applicant's surveyor. This line would allow removal of or grading near 5 mature <br />trees uphill from the old field road. <br />Our goal will be marginally met by defining the easement boundary as the line labeled "Staffs <br />Proposed Easement" on Exhibit C of the October 23 memo; however, this line still would allow <br />removal of the two medium sized maples and allow grading near the 36" oak. <br />Our tree preservation goal would be best met by establishing an easement boundary* that <br />encompasses all existing trees we want to preserve, and that will allow no structures within 10 feet <br />of those trees; i.e. establish the easement line at least 10' from those trees, as well as at least 30' <br />uphill from the technically defined top of bluff. <br />Easement Language <br />The Tree, Woodland and Vegetation Preservation Easement as granted last summer has the <br />following impacts on the 'Protected Area' in question: <br />1. <br />2 <br />3. <br />4. <br />5. <br />6. <br />Prohibits structures except for lake access stairway or lift. <br />Prohibits removal of any tree over 6" diameter without City approval. <br />Allows trimming or topping of trees without City approval. <br />Requires vegetative ground cover to be maintained. <br />Allows no topographic changes without City approval (since the code-defined 'bluft impact <br />zone' is only 20' uphill from the defined top of bluff, while the setback for structures is <br />30'. staff concluded that grading would be allowed 10' lakeward of the easement line). <br />Prohibits fences, play structures, decks, accessory buildings, etc. <br />Applicant has no apparent intent to revise tlie easement language,