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

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CASE I I I I I I I RELE~ASE OF EASEMENT LOT 1, BLOCK 5, RUM ACRE ESTATES By: Steve Jankowski, City Engineer Background.'. When Rum Acre Estates was platted in 1974, a drainage easement was granted over the entire area of Lot 1, Blocl4 5, because a storm ouffall to the Rum River was not placed as was required. Since this was the loivest lying area, this lot was to serve as a drainage reservoir until the storm sewer was constr~.ctqd: Attached is a copy of the easement document which is actually a temporary easement, s~nca it exists until such time as sufficient storm sewer facilities eliminate the need for- the easement. 't'his easement renders the lot unbuildable. It could be argt~ed that potentially sufficient storm facilities were installed in 1990, when storm piping was instlflled as a part of the Jurdper Woods development. That work provided an ouflot for this lot to tM. pond constructed between Tonto and Ute Streets. However, it is still necessary to provide for ~he conveyance of storm water from the northeast comer of this lot where a bituminous spill~ay drains storm water from the street to the northwest comer of the lot where the storm pipe drains this lot. It is proposed that a 50-foot permanent drainage easement be retained for this purpose,~ It is recommended that this permanent easement area be neither excavated nor filled, but remai~ in its present condition. During recent heavy rains, this area filled with several inches of water ~fore oufletting the storm pipe. Leaving the 50 feet in its present condition should minimize its po!entia! as an attractive nuisance. In addition, the vegetation will provide an opportunity for filtering sediment before discharging to the pond. Additionally, staff is recommending that the owner of the subject lot clean the storm line leading to the pond of aceugaulated debris and grout the rip rap on the outlet as a condition of declaring the release of the te~nporary drainage easements. Based upon comment at the public heating, the Council may wi~h to add additional requirements, such as landscaping consideration to mitigate any impacts of' the permanent easement and release of the temporary easement on the neighborhood. : I I I I i I It should be noted that fill has been placed on the southern portion of the lot in anticipation of the easement being v~cated and a home being constructed. Conditions relating to the placement of this hill will be addressed through the conditional use permit process. This is currently scheduled for the December 3, !996 Planning Commission meeting. Recommendation: Staff recommends adopting a resolution declaring the conditions of the temporary drainage easement on Lot 1[, Block 5, Rum Acres Estates have been met, thereby terminating the temporary easement. This re4ommendation is contingent upon the lot owner entering into an agreement with the City to (1) drxt.icate a permanent drainage and utility easement along the northern 50 feet of said lot; (2) pe~orm cleaning and upgrading of the storm sewer ouflot; (3) other reasonable conditions as dete ~x~nined following the public hearing. Council Action: Motion to adopt R{solution g96-11 r declaring terms of compliance with conditions releasing a temporary drainag~ easement on L6t t, Block 5, of Rum Acres Estates, contingent upon the lot owner entering into easement vacation agreement. I I Reviewed by: City Engineer City Administrator: Zoning Administrator City Attorney CC: 11/26/96 ]jmt 37