12-09-81 Council Minutes - Laserfiche WebLink

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MINUTES City Council December 9, 1981 Mrs. Nardini stated that if Granada Homes wanted their money released, they would have to get these easements in to the City. Mr. Forsberg pointed out that the City automatically has a 6 foot easement on each lot. The Engineer stated that he wrote all the easements at 20 feet, but some people did not understand what an easement was, and in some cases the easement was cut back to 10 feet. Granada Home indicated that they fe1t they woul~ have problems getting the easements from a couple of the property owners. Mr. Fahey stated that the City needs an easement. Mrs. Scalze pointed out that without the easement, the swail could be filled in. Scalze stated that it is to the property owners' benefit to have this swai1 because it will drain their lots. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION N0. 81-12-684 - DIRECTING THE CITY CLERK AND CITY FlTTORNEY TO MEET WITH GRAMADA HOMES FlPID REVIEW TNE EASEMEDlTS AND TO ORTAIN ANY OUTSTANDING EASEMEMTS AND FURTHER INSTRUCTING THE CITY CLERK TO CFlLCULATE THF FlMOUNT OF FEES AND COSTS OF THE CITY FlTTORNEY AND CITY ENGINEER AND OFFSET THIS AMOUNT AGFlINST THE BANK DRAFT TO BE RECEIVFD BY THE CITY WITFI TFIE BFlLANCE TO BE REfUPlDED TO GRANADA HOMES FlS SOON FlS POSSIBLE The foregoinq resolution was duly seconded by Mr. Hanson. qyes (5) Fahey, Hanson> Nardini, Forsberg, Scalze. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 467. Granada Homes asked if the City cou7d just 1eave the money in the bank and they would extend the letter of credit. Mrs. Scalze commented that they the City would be in the position of having to go through the 10 day notice to the bank if it had claims against the letter of credit. Mr. Frattalone commented that it could be a problem for the contractor to go back an~ try to get easements from the people on Payne Avenue. Mr. Fahey stated that it is the contractor's responsibility not to adversely effect drainage to adjacent homeowners. Fahey stated it is unfortunate that this was not addressed earlier. Mr. Forsberg stated that he has addressed this subject for over a year. Forsberg commented that there was over 100 yards of fill brought in on nearly each lot wit~out a fill permit. Forsberg felt tha.t there would not have been a drainage problem if the street and lots had not been raised. Granada Homes stated that they knew they could not get 3 of the easements. Mr. Fahey commented that if that were the case, the City Attorney may have to become involved, and it could cost Granada Fiomes some more moncy. Paae -5-