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SYSCO Second Addition May 22, 2006 Page 5 Vacation of Easement The City Charter in Section 12.06 indicates that vacations of street right of way or any other publicly held interest in land (such as an easement) may be vacated only by ordinance. As such, consistent with the SYSCO Second Addition preliminary Plat, Ordinance 763 has been prepared which authorizes the vacation of that part of the easement over that part of the wetland that would be filled associated with the parking lot expansion. Recommendation: Hold the public hearing and consider the second reading and adoption of Ordinance 763. Staff and the Planning Commission recommend approval of the ordinance which is consistent with the Comprehensive Plan, the City Charter and consistent with the amendment to the SYSCO Planned Unit Development. Land Disposition Similar to vacations, the City Charter in Section 12.05 indicates that disposition of real property is to occur by ordinance. The City will not derive any financial gain from the disposition given that SYSCO had originally deeded the land to the City in 1989 at no cost. The consensus of the Council was that the land would be deeded back to SYSCO in the same fashion, without imposition of a park dedication fee. Recommendation: Consider the second reading and adoption of Ordinance 762. Staff and the Planning Commission recommend approval of the ordinance which is consistent with the Comprehensive Plan, the City Charter and consistent with the amendment to the SYSCO Planned Unit Development. Summary In summary, there are four actions before the City Council this evening relating to the SYSCO parking lot expansion. These actions are identified as follows: 1. Resolution 6804 which approves the SYSCO Second Addition preliminary plat, with conditions. 2. Second reading of Ordinance 761, an ordinance rezoning the three-acre piece of SYSCO Outlot A from I-1 to PUD. 3. Second reading of Ordinance 762 which approves the transfer of land back to SYSCO. 4. Second reading of Ordinance 763 which approves the partial vacation of an easement dedicated with the original SYSCO subdivision.