Residents say municipality should not gift purchased easement to developer

Community speakers packed the podium during the public hearing on case S12889 and urged the Planning Board to deny the vacation of a recorded public-use easement along Canyon Road.

Bridal Cook, vice president of the Glen Alps Community Council, told the board the staff packet omitted key history and documents. "The fact that municipality paid a $130,000 for that," Cook said, adding community records and a planning board decision from a prior case were not included in the staff report. Several residents described trailhead signs, a picnic table and an established foot trail across the PUE and said they purchased and have maintained some features.

Ted Moore, a longtime neighborhood resident, told the board the trail was constructed by community members about five years ago and said vacating the PUE would be "stealing" a community asset. Greg Kuiper said the municipal deed and community council resolutions place the burden of proof on the petitioner: "The burden of proof lies entirely with the petitioner," he told the board, citing AMC 21.03.230.

Speakers asked the board to require the petitioner to compensate the municipality if the easement is released, or to retain the PUE to preserve current and future recreational and drainage uses. The board heard these objections before moving to approve the vacation subject to staff conditions.