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AGENDA ITEM 7i STAFF ORIGINATOR: John Powell, City Engineer COUNCIL MEETING DATE: October 9, 2000 TOPIC: SECOND READING, Ordinance No. 16 -00, Vacating An Easement Across Lots 2 -5, Block 1, Pheasant Hills Preserve e 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 Tots 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. The first reading of this ordinance was held on September 11, 2000. Since the first reading, the residents in the area have contacted the school district. The school district has indicated a willingness to grant the necessary drainage easements to the residents. City staff has determined that even without the school district easement the drainage can be conveyed using the reduced easement area as shown and recommends granting the vacation request. The publication of the ordinance will be delayed until either the school district easement is acquired or the swale is relocated into the existing, though reduced in size, easement. However, it is my understanding the easement may be executed by the school district before the City Council meeting. 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. OPTIONS: 1. Approve the Second Reading of Ordinance No. 16 -00. 2. Return to staff for further consideration. RECOMMENDATION: Staff recommends Option 1.