04/12/2004 Council Packet - Laserfiche WebLink

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• • • AGENDA ITEM 6B STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 12, 2004 TOPIC: PUBLIC HEARING, Easement Vacation SECOND READING, Ordinance No. 06 - 04, Vacating a Drainage and Utility Easement Across Lot 18, Block 4, D. Erickson 2 "d Addition VOTE REQUIRED: 4/5 VOTE REQUIRED BACKGROUND: The resident of Lot 18, Block 4, D. Erickson 2"d Addition has petitioned the City to vacate 10- feet of the existing 20 -foot easement located in their backyard to allow for pool construction. 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, shows an existing drainage and utility easement of 20 -feet along each of the backyards of block 4. This drainage and utility easement has been encroached upon by many of the neighbors over the past years without disrupting the drainage in the area. The easement is not used for a large drainage area along the back property lines and City Staff feel a 10 -foot easement is adequate to address the drainage in this area. 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 March 22, 2004 Second Reading of the Ordinance April 12, 2004 Publication of the Ordinance in the Legal Newspaper Following approval of 2nd Reading Effective Date of the Ordinance 30 days after publication OPTIONS: 1. Close the Public Hearing and Approve the Second Reading of Ordinance No. 06 - 04. 2. Return to staff for further consideration. RECOMMENDATION: Staff recommends Option 1.