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'fo: Mayor: attd City Council From: Kim Moore -Sykes, Assistant City Manager Date: April 26, 2005 Subject: 33'12 Silver Lake Road, Nativity I;uthertin Chu ch Requested Action: 'file applicant, Pastor Glenn Seefeldt., of the Nativity Lutheran an Church, located at 3312 Silver, Lake Road is requesting that the City vacate the utility easements that are sited along the western property line of Outlot 1, Belden Terrace and on the adjacent: eastern property lines of Lot 3 and Lot: 4 of Block 2, Belden Teitace, 2... Addition. The Chu ch is the property owner of Outlot 1 and lots 3 and 4. Back ionnd_ On February 24, 2005, Staff received it letter: from Pastor Glenn Seefeldt requesting that: the City vacate several utility easements that are located on the Church's properties. Pastor Seefeldt: indicates in his letter that the current. church bu ilding has a sma11 portion of the su:ucture in the casement and that any F, 11111 e additions to the church builduag would also encroach illto these casements, l le also states that to his lmowledge, no subsurface or aerial utilities exist with the subject easements. Staff met: with the engineering consultant to discuss the Church's request. On March 17, 2005, Nfi% Todd I Iuhrnin sent it letter: to the City with his findings in regard to the possibility of vacating the utility easements. In the letter, Mr. I Iubmer's findings did state that the City does not have any future plans to locate any utilities within the currently existing utility easement; that: no private utilities exist in the current casement; that the Church does own all the par cels located to the west: of the church building; and that it review of historical records indicate that the City previously approved the construction of an addition to the building that does indeed sit on a portion of the utility casement that is being requested to be vacated. He indicates that he finds no reason not: to vacate the utility casements as requested by Nativity huthcian Church. Staff then sent the request to the City Attorney for his review and opinion.. Mr. Jerry Gilligan advised Staff that the City would need to conduct a public hearing ata City Council meeting. He indicated that this is the procedure that the City has used historically for all vacation requests..A public notice prepared by the City Attorney was placed in the City's legal newspaper and letters were sent advising interested property owners of the date and time of the public hearing for the vacation of the utility easements. To date, the City has received one phone call from a resident inquiring about this request. _Attachments: A. Nativity Lutheran Church letter, dated February 2.4, 2005 B. Nativity Plat Drawing, November 1955 G Nativity Survey, dated .Aug. 26, 2004 D. Staff letter to City Attorney, dated March 14, 2005 1I_ WSB letter to the City, dated March 17, 2005 1,'. WSB letter to I-oucks McLagan, dated April 19, 2005 042605 Staff Rcport 3312 SLR Easement Vacation aloe