Agenda - Council - 11/26/1996 - Laserfiche WebLink

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I !I I ! I I I I I i ! i I ! I I '! I I I CASE # REQUEST FOR VACATION OF EASEMENTS; CASE OF ROBERT MULLER By: Zoning Administrator Sylvia Frolik Background: Robert Mulle~; is in the process of replatting his property in the northwest quadrant of the intersection o~ 167th and T.H. //47. Currently, the bank smacture is situated on two lots and the drive-up canopy encroaches onto a 39 foot wide easement previously dedicated to the City that runs parallel fp T.H. //47. The grocery store encroaches onto one of the bank lots, and the employee paring lot for the grocery store extends into the residential homestead to the north. Mr. Muller has a buyer for the bank structure which is currently vacant, and prior to the sale it is appropriate to~ replat the property so that each structure is located on its own lot and meets appropriate setbacks for the distnct. Mr. Muller baa requested that the City vacate the 39 foot easement that runs along the east property boundary so ttiat the bank canopy no longer encroaches public easement. Observation: When Klemish Addition was platted, the City acquired this 39 foot easement parallel to T.H. g47 for future sera, ice road purposes. Although it is not likely that such a service road will be constructed, this 39 foot wide corridor will accornmrxNte an important link in the City's transportational trail system. Recommendation: City Staff recoC'n'nends that the 39 foot wide public road easement be retained, as it will be required for trail purpos.~s. Staff is recommending that the City grant an easement to the bank property for encroachment 9nto the right-of-way. However, City Staff is also reco,.mmending vacation, of all other drainage ~ltnd utility easements on the remainder of the property to wipe the slate clean so to speak. Hopef~ly this will facilitate error-free rededication of all necessary and standard drainage and utility easements on the f'mal plat in accordance existing underground utilities and with the new property line l~ations. A proposed ordinance to accomplish this vacation is enclosed for your review and consideration. Council Action: Motion to: Introduae Ordinance g96- to vacate all drainage, utility and public easements existing~on Parcels 11-32-25-42-0013, 11-32-25-42-0014, 11-32-25-424)015 and 11-32- 25-42-0016. -and- Motion to: Authorize the City Attorney to prepare and execute an easement for structure encroacliment into the City right-of-way to be conveyed to the proposed Lot 3, Block 1, Muller Addition. Review Checklist: City Engineer CC: 11/26/96