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AGENDA ITEM 7 C F: ' STAFF ORIGINATOR: Jeff Smyser f C. C.MEETING DATE: January 28,2002 TOPIC: Second Reading of Ordinance No.01-02 Vacation of A Portion of a Drainage Easement and Accept Another Drainage Easement Lot 1, Block 10,Lakes Addition No. 3 6718 Black Duck Drive VOTE REQUIRED: 4/5 BACKGROUND The City Council approved the first reading of this ordinance on January 14. The ordinance resolved two easement issues on this lot by completing actions approved by the City years ago that were never officially recorded. n ANALYSIS It is common practice to require easements around the perimeter of platted lots for utility and drainage purposes. Lakes Addition No. 3,platted in 1973, includes such easements. The plat dedicates easements ten feet in width on the front and north side of the lot. At the time of a legal settlement between the City and a developer in 1989, the intent was to vacate part of the easements on Lot 1 Block 10. This was done to accommodate the placement of a home closer to the front and side lot lines than would have been allowed under the ordinances in effect at that time. In order to make the lot buildable, it was necessary to vacate the easements and grant setback variances. The City Council in 1989 approved the necessary easement vacations and setback variances. Subsequently, a house was built on the lot according to the reduced setbacks: five feet rather than ten feet. However,the easement vacation was never recorded. In addition to the partial vacation of the lot line easements, a separate drainage and utility easement covering a large portion of the back of the lot was to be dedicated to the City. This was to cover a wet area. This easement was never recorded,either. We have received a new easement grant document from the current owner. The City should accept this easement so it can be recorded.