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CASE # <br />UPDATE ON IP 08 -33 UTE STREET BITUMINOUS PAVING IMPROVEMENTS <br />By: Steven Jankowski, City Engineer <br />Background: <br />A petition was received last summer for the bituminous paving of Ute Street north of CR 27. The <br />attached feasibility study was prepared and discussed with the residents at an informational <br />meeting held on, September. 10, 2008 and again with the Public Works Committee on September <br />16, 2008. This area is unplatted and. there was uncertainty over what right of way the City may <br />possess as a result of deed dedications. The City has had ownership and encumbrance reports <br />prepared for all eleven properties involved. After a review of these reports by registered land <br />surveyors it has been concluded that the City has no rights other than prescriptive rights to the <br />right of way it has been maintaining which is approximately 18 feet plus a reasonable additional <br />width on either side of the right of way for snow storage. <br />City staff staked the common property line between the properties on the east and west sides of <br />the street, and met with nine of eleven of the property owners on Saturday, January 24, 2009. <br />• The west edge of current roadway alignment was found to be on or very close to a line 30 feet <br />west of the common property line. (The distance varies zero to four feet). <br />A proposed wider roadway had been a major concern of the residents. The feasibility study had <br />proposed a 28 foot roadway and a standard 60 foot right of way centered on the common <br />property line. It was the intent of the January 24t meeting to consider some modifications to <br />those proposed in the feasibility study which might address the concerns of the property owners <br />and achieve a successful project. <br />Staff Alternate Proposal: <br />Street and right of way width and alignment - Staff suggests a 24 foot roadway located within a <br />50 foot right of way. Staff considers this roadway width to be the minimum allowable to insure <br />public safety as it would still accommodate the passage of emergency response vehicles. This <br />would however require parking to be restricted on both sides of the street <br />The west edge of the 24 foot roadway is proposed to be located 30 feet west of the common <br />property line and have a 50 foot right of way centered over the new roadway centerline. This <br />alignment would permit- all properties to meet the existing 40 foot front yard setback for <br />residential structures, excepting the property located at 18043 Ute Street. <br />This property would be located approximately 33 feet from the proposed right of way. The width <br />of the right of way might be reduced in front of this property to insure its continued compliance <br />with zoning regulations. The right of way would be three feet beyond the east edge of the <br />—115 <br />