Laserfiche WebLink
• <br />AGENDA ITEM 7D <br />STAFF ORIGINATOR: James E. Studenski, City Engineer <br />COUNCIL MEETING DATE: March 22, 2004 <br />TOPIC: FIRST READING, Ordinance No. 06 - 04, Vacating a Drainage and Utility <br />Easement Across Lot 18, Block 4, D. Erickson 2"d Addition <br />VOTE REQUIRED: 4/5 VOTE REQUIRED <br />BACKGROUND: <br />The resident of Lot 18, Block 4, D. Erickson 2 "d Addition has petitioned the City to vacate 10- <br />feet of the existing 20 -foot easement located in their backyard to allow for pool construction. <br />The dimensions of the existing easement and the proposed vacation are shown on the <br />attached drawings. The existing easement was dedicated for drainage and utility purposes. <br />The grading plan, as proposed by the developer's engineer, shows an existing drainage and <br />utility easement of 20 -feet along each of the backyards of block 4. This drainage and utility <br />easement has been encroached upon by many of the neighbors over the past years without <br />disrupting the drainage in the area. The easement is not used for a large drainage area <br />along the back property lines and City Staff feel a 10 -foot easement is adequate to address <br />the drainage in this area. <br />Section 12.05 of the City Charter requires that real property of the City cannot be disposed <br />of except by Ordinance. The Ordinance will require two readings, publication, and a waiting <br />period before it is in effect. The proposed schedule for this vacation is as 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 />OPTIONS: <br />1. Approve the First Reading of Ordinance No. 06 - 04. <br />2. Return to staff for further consideration. <br />RECOMMENDATION: <br />Staff recommends Option 1. <br />March 22, 2004 <br />April 12, 2004 <br />Following approval of 2"d Reading <br />30 days after publication <br />