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MINUTES <br />City Council <br />P1ay 27, 1987 <br />~riri ght <br />Property <br />Division <br />Agenda <br />Item ~lo. 13 <br />The City Clerk reported that Mr. IJright would like to develop his <br />property in the area of Vanderbie and Allan Avenue and additional <br />easement is necessary for PJoel Drive. The easement that is requireci <br />is on the Plessel property and an additional 20 feet of easement <br />is necessary. <br />The Planner reported that the property was originally owned by <br />P1r. and P1rs. Johnson, and when the property was divided, an additional <br />20 feet of easement was to have been obtained. However, the easement <br />was never filed, but Council minutes reflect that the property <br />division was contingent upon the 20 feet being obtained. <br />Fahey agreed that the minutes are clear that the easement was to be <br />obtained. Fahey asked the procedure for obtaining an easement. <br />The Engineer reported that his office draws up the legal description <br />for an easement and gives it to the City Attorney who then obtains <br />the easement. <br />Fahey asked if the City could file an affidavit of easement in this <br />case. <br />The Planner noted that the problem arises in that the Johnson's do <br />not own the property any longer. The property is owned by the Plessel's <br />who currently have it on the market. <br />Blesener stated that it appears the house was offset to provide room <br />for the road. <br />The City Attorney suggested that he contact the property owner and <br />find out how much the easement would cost. The Attorney did not feel <br />the City had a right to the easement based on past Council minutes. <br />Scalze felt that the cost of the easement should be a part of the <br />street improvement project. <br />The Planner felt that the developer will say that it was the City's <br />responsibility to obtain the easement, which was not done. <br />Fahey pointed out that if the developer wants a subdivision approved, <br />the cost of this easement should be spread over the development. <br />The City Clerk pointed out that ~9r. Wright plans to put in the improvement <br />privately. <br />Blesener asked if the easement on 7_977 Vanderbie needed to be <br />obtained. <br />The Planner reported that the property owner is dedicating this <br />easement in exchange for the street improvement. <br />Page -14- <br />