Agenda - Public Works Committee - 01/18/2011

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Public Works Committee Date: 01/18/2011 By: Tim Himmer Engineering/Public Works Title: Consider Request to Purchase a Drainage and Utility Easement at 7319 162nd Lane NW Background: In 2006 the City undertook improvement project 03 -20, the NW sanitary sewer and watermain extension project; which extended municipal utilities to the BROOKFIELD and SWEETBAY RIDGE developments. Since many easements were being investigated and secured through this area of the City it was the direction of Council to include the acquisition of drainage and utility easements to facilitate the restoration of county ditch 3/66 to its original dimensions. At the time the easements for the ditch cleaning were being investigated, Council was advised that consistent with state ditch law an inherent easement existed for the perpetual maintenance of the ditch. The Council, however, decided that to be fair to the property owners impacted by the ditch on their property the City should make offers to purchase formal easements. For those property owners who did not accept the easement offer, the ditch law would be relied upon for legal access to the properties for the restoration project. The project has already implemented and was completed in 2007. Funding Source: When this project was first implemented all funding for the construction and easement acquisition came from the developer, Oakwood Land Development. Since the project has now been completed the original funding source is no longer available, therefore the City's Storm Water Utility Fund would need to be utilized if the Council should choose to move forward with the acquisition. Council Action: Based upon dicussion. Original offer letter Information Attachments Form Review Inbox Reviewed By Date Brian Olson Brian Olson 01/12/2011 04:39 PM Kurt Ulrich Kurt Ulrich 01/13/2011 10:59 AM Form Started By: Tim Himmer Started On: 01/11/2011 04:47 PM Final Approval Date: 01/13/2011 Item #: 5. 6.