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• <br />• <br />• <br />AGENDA ITEM 6 B <br />STAFF ORIGINATOR: Jeff Smyser <br />C. C. MEETING DATE: December 19, 2005 <br />TOPIC: Public Hearing <br />First Reading, Ordinance No. 14 -05 <br />Vacating Drainage and Utility Easement <br />and Accepting Replacement Easement <br />6770 Timberwolf Trail <br />VOTE: 4/5 for a vacation <br />BACKGROUND <br />When Pheasant Hills Preserve 9th Addition was platted, it included a 20 -foot strip of land <br />dedicated to the City for a park trail. The trail eventually was constructed at another <br />location, and the City vacated the platted strip of park land in 2003 with Ordinance No. <br />02 -03. When this occurs, the land reverts to the adjacent properties: ten feet of land to <br />the lot on side, ten feet to the lot on the other side. <br />Lot 1 Block 2, 6770 Timberwolf Trail, is the lot immediately to the east. As is typical, <br />this lot has drainage and utility easements platted around the lot lines. Even though the <br />extra ten feet were added from the former trail strip, the existing easements still exist in <br />their original location and prevent full use of the expanded lot. Part of the existing <br />easement should be vacated and we need new easements around the expanded lot lines. <br />That is, the City should vacate part of the existing easements, and the property owner <br />must deed to the City the new easements. The City Council then should accept the new <br />easements. The attached Ordinance No. 14 -05 accomplishes both actions: vacating the <br />old easements and accepting the new ones. The legal descriptions for all the easements <br />involved will be added to the ordinance. A deed will convey the new easements to the <br />City. Once the ordinance is in effect, we can record the vacation and the deed. <br />OPTIONS <br />1. Approve the first reading of Ordinance No. 14 -05 <br />2. Return to staff with direction. <br />RECOMMENDATION <br />Option 1 <br />