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• <br />• <br />AGENDA ITEM 7D <br />STAFF ORIGINATOR: John Powell, City Engineer <br />COUNCIL MEETING DATE: May 29, 2001 <br />TOPIC: SECOND READING, Ordinance No. 01 -07, Vacating An Easement on <br />Lot 11, Block 1, Lino Air Park North <br />VOTE REQUIRED: 4/5 VOTE REQUIRED <br />BACKGROUND: <br />The owner of the lot at 314 Carl Street has petitioned the City to vacate a portion of <br />the easement located on his lot. The dimensions of the existing easement, the <br />proposed easement, and the legal description are described on the attached <br />drawings. The existing easement was dedicated for ponding and flowage purposes. <br />The property owner has requested this change because the existing easement <br />configuration will not accommodate his proposed house and hanger. There is also a <br />taxiway easement on the property that will be left unaltered. <br />Rice Creek Watershed District has reviewed and approved of the proposed change <br />as shown on the attached correspondence dated March 5, 2001. City staff has <br />determined that the drainage can be conveyed using the reduced easement area as <br />shown and recommends granting the vacation request. <br />Section 12.05 of the City Charter requires that real property of the City cannot be <br />disposed of except by Ordinance. The first reading of this ordinance was held on <br />May 14, 2001. The Ordinance will require one more reading, publication, and a <br />waiting period before it is in effect. The proposed schedule for this vacation is as <br />follows: <br />First Reading of the Ordinance <br />Second Reading of the Ordinance <br />Publication of the Ordinance in the Legal Newspaper <br />Effective Date of the Ordinance <br />May 14, 2001 (Complete) <br />May 29, 2001 <br />June 5, 2001 <br />July 5, 2001 <br />OPTIONS: <br />1. Approve the Second Reading of Ordinance No. 01 -07. <br />2. Return to staff for further consideration. <br />RECOMMENDATION: <br />Staff recommends Option 1. <br />