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• <br />• <br />AGENDA ITEM 6A <br />STAFF ORIGINATOR: James E. Studenski, City Engineer <br />COUNCIL MEETING DATE: October 12, 2004 <br />TOPIC: FIRST READING, Ordinance No. 23 - 04, Vacating a Drainage and Utility <br />Easement Across Lot 13, Block 2, Black Duck Estates <br />VOTE REQUIRED: 4/5 VOTE REQUIRED <br />BACKGROUND: <br />The resident of Lot 13, Block 2, Black Duck Estates has petitioned the City to vacate the <br />existing easement south of the fence line located in their backyard to allow for shed <br />construction. The dimensions of the existing easement and the proposed vacation are <br />shown on the attached drawings. The existing easement was dedicated for drainage and <br />utility purposes. <br />The Rice Creek Watershed District has reviewed the proposed vacation and has no <br />objections to changing the configuration of the existing easement. The Rice Creek <br />Watershed District approvals are attached. The easement south of the fence line is not a <br />wetland or floodplain and City Staff and the Rice Creek Watershed District feel an easement <br />north of the existing fence line, as shown on the attached drawings 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. 23 - 04. <br />2. Return to staff for further consideration. <br />RECOMMENDATION: <br />Staff recommends Option 1. <br />October 12, 2004 <br />October 25, 2004 <br />Following approval of 2 "d Reading <br />30 days after publication <br />