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AGENDA ITEM NO. 4F <br />STAFF ORIGINATOR :_ Rick DeGardner, Public Services Director <br />DATE: July 8, 1999 <br />TOPIC: Consideration of Encroachment Agreement, 755 Fox Road <br />Vote Required: 3/5 <br />BACKGROUND: <br />Ms. Jennifer Kelley, who resides at 755 Fox Road, has requested to construct a split rail fence <br />along the eastern and northern property line. A portion of this fence is proposed to be <br />constructed on park property adjacent to a paved trail. <br />The City Engineer, Planning Coordinator and I have visited the site and concur that a split rail <br />fence installed at the proposed location is something staff would support. Pete Kluegel, the <br />Building Official, has also been involved and supports this proposal. <br />The encroachment agreement indicates that Ms. Kelley will be responsible for removal of the <br />fence if requested by the City. Damage to the fence will also be the responsibility of Ms. Kelley. <br />The encroachment agreement also indemnifies and holds harmless the City from any and all <br />claims resulting from the fence. <br />OPTIONS: <br />1. Approve the encroachment agreement. <br />2. Do not approve encroachment agreement. <br />RECC MMENDAfON: <br />Option 1. <br />aw /rick/Encroachhrnent Agreemein Jennifer Kelley .doc <br />