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• <br />• <br />AGENDA ITEM 6F <br />STAFF ORIGINATOR: John Powell, City Engineer <br />COUNCIL MEETING DATE: January 10, 2000 <br />TOPIC: SECOND READING, Ordinance No. 22 —99, Vacating the 77th <br />Street right-of-way dedicated as part of the Carole's Estates plat <br />and Selling the City's Portion to the Properties Located on the <br />North Side of 77th Street. <br />VOTE REQUIRED: 4/4 VOTE REQUIRED <br />BACKGROUND: <br />As part of the Carole's Estates subdivision, a 30 foot wide right -of -way was <br />dedicated along the south edge of the plat. This right -of -way is along the 77th <br />Street alignment. There is also a row of mature trees within the right -of -way <br />which will be damaged by any construction within the northern 30 feet of the <br />right -of -way. These trees also serve as a buffer between the single family <br />residences to the north and the commercial area to the south. <br />Several residents along the north side of 77th Street have requested that the City <br />vacate this 30 foot wide strip of right -of -way. In a typical vacation, the vacated <br />area would be split in half with each half going to the adjacent property owner. In <br />order to completely transfer the vacated area to the property owners to the north, <br />the City has to vacate the right -of -way then transfer the City's share to the <br />property owners. <br />Section 12.05 of the City Charter requires that real property of the City cannot be <br />disposed of except by Ordinance. The Ordinance requires two readings, <br />publication, and a waiting period before it is in effect. The first reading was held <br />on December 13, 1999. <br />OPTIONS: <br />1. Approve the Second Reading of Ordinance No. 22 -99. <br />2. Return to staff for further consideration. <br />RECOMMENDATION: <br />Staff recommends approval of Option 1. <br />