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AGENDA ITEM 6 H STAFF ORIGINATOR:John Powell,City Engineer COUNCIL MEETING DATE: December 13, 1999 TOPIC: FIRST READING,Ordinance No.22—99,Vacating the 77th Street right-of-way dedicated as part of the Carole's Estates plat and Selling the City's Portion to the Properties Located on the North Side of 77ih Street. VOTE REQUIRED: 4/5 VOTE REQUIRED BACKGROUND: As part of the Carole's Estates subdivision,a 30 foot wide right-of-way was dedicated along the south edge of the plat. This right-of-way is along the 77th Street alignment. There is also a row of mature trees within the right-of-way which will be damaged by any construction within the northern 30 feet of the right-of-way. These trees also serve as a buffer between the single family residences to the north and the commercial area to the south. Several residents along the north side of 77th Street have requested that the City vacate this 30 foot wide strip of right-of-way. In a typical vacation,the vacated area would be split in half with each half going to the adjacent property owner. In order to completely transfer the vacated area to the property owners to the north, the City has to vacate the right-of-way then transfer the City's share to the property owners. 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. OPTIONS: 1. Approve the First Reading of Ordinance No.22-99. 2. Return to staff for further consideration. RECOMMENDATION: Staff recommends approval of Option 1.