Agenda Packets - 1996/10/14 - Laserfiche WebLink

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cm,c? REQUEST FOR COUNCIL CONSIDERATION Agenda Section 5 STAFF REPORT Report Number: 111111111: COMM Report Date: 10/10/96 • . CITY COUNCIL MEETING DATE %. 1'.,5,3§i7 October 14, 1996 Special Order of Bus. ''"sz'Parioecsri4y _ Consent Agenda Public Hearings X Council Business Item Description: Consideration of granting a limited use agreement to Mr. Benjamin T. Doll to allow a concrete driveway in a portion of the unimproved right-of-way for Greenwood Drive east of 2601 Sherwood Road. Administrator's Review/Recommendation: -No Comments to supplement this report -Comments attached. Explanation/Summary(attach supplement sheets as necessary) Summary: Mr. Benjamin Doll, who owns the property at 2601 Sherwood Road, has constructed a concrete driveway which encroaches into a portion of the unimproved right-of-way for Greenwood Drive east of Mr. Doll's property. Mr. Doll submitted a design for his driveway to the Community Development Department, and this design showed the driveway within his property boundaries. Staff discovered when inspecting the driveway that it had been placed too far to the east, and was encroaching in the City owned street right-of-way for eenwood Drive. It is not anticipated that Greenwood Drive will be improved in the near future because the is missing portions of the right-of-way needed to extend this street between Sherwood Road and Ardan enue (see attached diagram). Given the expense incurred by Mr. Doll in building the driveway, the most appropriate solution appears to be the approval of a limited use agreement. This agreement would allow the driveway to remain, but puts Mr. Doll on notice that he is responsible for any maintenance or repair of the driveway, that he indemnifies and holds the City harmless from any and all claims for damages arising from the design, construction, maintenance, use and removal of the driveway, and that the City may terminate this agreement for any reason, or no reason at all, by providing 30 days written notice. Upon termination of the agreement, Mr. Doll must remove the driveway. The agreement was drafted by the City Attorney's office and meets with his approval. Mr. Doll has agreed to the terms of the agreement, and it is before City Council for approval. A copy of the agreement is attached. The agreement includes a diagram showing where the driveway is located relative to the right-of-way line. %,11Anit,4- v°111\Altit7%-) Pamela Sheldon, Community Development Director •COMMENDATION: Grant the limited use agreement to Mr. Benjamin T. Doll to allow a concrete driveway in a portion of the unimproved right-of-way for Greenwood Drive east of 2601 Sherwood Road.