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The Fire Department did not notice any change in call pattern or volume with the gate open or <br />closed. Over the summer they have responded to four EMS calls, two calls to assist other <br />agencies and two calls for attempting to burn. <br />The Police Department had much more involvement and concern with this issue. A full report <br />of their findings is attached. <br />City of Prescott Legal staff has issued the following legal opinion: "The City of Prescott was <br />given a non-exclusive easement from the property owner, Depot Marketplace LLC, pursuant to <br />the final plat. As such, the municipality (COP) is the holder of the easement at issue. The plat <br />language only creates an access easement in favor of the City which gives the Council <br />authority to control the easement. The City has the right to lock the gate. If this option is <br />elected, (locking the gate) the LLC could later argue the City abandoned the easement. <br />"Perpetual" in this case means the easement would go to the successor of assigns of the LLC <br />if the owners were to sell the property. The easement runs with the property. "Non-exclusive" <br />in this case means the LLC, not the City, can allow other users such as utility companies, to <br />use the easement." <br />Council could consider any of the following options: <br />• Abandon the access easement back to the LLC, abandoning the city's easement rights <br />under the plat. <br />• Instruct staff to permanently remove the gate and replace with fencing. <br />• Instruct staff to allow the gate to remain open. <br />• Instruct staff to arrange for the gate to be open during daylight hours only. This would <br />likely require assistance from the Depot Marketplace merchants. <br />Recommended Action: Council's pleasure <br />2 <br />