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AGENDA ITEM 7C • STAFF ORIGINATOR: Jason Wedel, TKDA • COUNCIL MEETING DATE: September 11, 2000 TOPIC: FIRST READING, Ordinance No. 16 -00, Vacating An Easement Across Lots 2 -5, Block 1, Pheasant Hills Preserve 8th Addition VOTE REQUIRED: 4/5 VOTE REQUIRED BACKGROUND: The residents of Lots 2, 3, 4, and 5, all of Block 1, Pheasant Hills Preserve 8th Addition have petitioned the City to vacate a portion of the easement located in their backyards.. The dimensions of the existing easement and the proposed vacation are shown on the attached drawings. The existing easement was dedicated for drainage and utility purposes. The grading plan, as proposed by the developer's engineer, originally showed a swale through the backyards of these properties. However, when these lots were graded by the house builders, the center of the swale was moved to the rear lot line. In fact, some of the drainage has been pushed outside of the plat limits and runs across property owned by the Centennial school district. Regardless of the City's action on the proposed easement vacation, the drainage must be moved off of the school district property. A comparison of the proposed and actual swale alignments is shown on an attached drawing. City staff has determined that the drainage can be conveyed using the reduced easement area as shown and recommends granting the vacation request. However, publication of the ordinance should be delayed until the drainage has been moved off of the school district property. Section 12.05 of the City Charter requires that real property of the City cannot be disposed of except by Ordinance. The Ordinance will require two readings, publication, and a waiting period before it is in effect. The proposed schedule for this vacation is as follows: First Reading of the Ordinance Second Reading of the Ordinance Publication of the Ordinance in the Legal Newspaper Effective Date of the Ordinance September 11, 2000 October 9, 2000 After swale is confined to plat area 30 days after publication OPTIONS: 1. Approve the First Reading of Ordinance No. 16 -00. 2. Return to staff for further consideration. RECOMMENDATION: Staff recommends Option 1.