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Case 4:4.A: I)iscussion Regardin~ Vacation Of Draina,,.,e Easement ()n Lot 3. Block 5. Whi.spcrin[.: Pines Es:ate.s: Case (I,* V,'endi ,la:son: Mr. Good:ici. recalled that on Ju}v ]1. 19~.:.°. City Council approved vacating the cirz'.inage casement (m Lot 3, Block 5, Whisperini: Pine.< Estates and entering into an agreemen,, with the Jarsot;'s for installation of storm sewc: ',mprovements. That agTeemenI resulted that th: 3arson's provide thc City with a recordable ix~ld harmless agreement. Since that time, the 3arson's mortgage company has indicated that it will not ~ant a home loan or allow ti~e closing on the property with a hold han-nless agTcement attached to the title. Mr. Goodrich recommended amending thc agreement with the ]th'sons to delete that pan which requ:res tha~ the hold harmiess a~ecmcnt be recorded. /,,'lotion by Councilmember Peterson and seconded by Councilmember Cich to adopt Resolution #89-07-1~8 to amend Resolution #89-07-156 to vacate the drainage easement o;: Lo~ 3, Block 5, \Vhisperin~ Pines E:qa~es. Motion carried. \;otini: Yes: M:tvor Reimann. Councihnembers Peterson, Pearson. Cio\ and DeLutx,.. Voting No: None. Motiot', by Councilmcmbcr Pctcrson and seconded by Councilmember Cich auti~o~zing tim City to enter into an aureement with Richa-d and Wendi jarson which shall indemnify and hold the ~itv t~ann]ess from water and flooding damages which may occur to the s:r;~::tures built on the Citv'k origin:i] clrainage easement on Lot 3, Blork ~. Whispe,~ng Pines Estates. Motior; carried. Voting Yes: Mayor Reimann. Councilmembers DeLuca, Peterson, Cich and Pearson. Voting No: None. Case #5: Request For Final Plat Approval For Dellwood Hills Addition: Mr. Banwart recalled that City Council granted preliminao.., plat approval to Dellwood Hills on June 27, 1989 contingent upon the paving of Bison Street N.W. from 17tst to County Road #63. City Staff is recommending tabling action on the request for final plat approval of De~lwood Hills until the feasibility report for paving Bison Street is completed. Councilmember DeLuca inquked as to what the status and future plans are for what appears to be a street easement directly south and adjacem to Dellwood Hills; ff that street is ever developed, there will ~ homes bordered by streets on two sides. Mr. Banwart stated the property owner to the south does have a preliminary sketch plan for subdividing the propero'; the sketch indicates that the eventual urban development of that proper'E,., will result in lots not being bordered by streets on two sides. Mr. Raat' ~fldca noted that the easement to the south of Dellwood Hills is a private easement. Motion by Councilmember Cich and seconded bv Councilmember Peterson to table action on Mr. Lee Hennen's request for final plat approval of Dellwood Hills Addition. Motion carried. Voting Yes: Mayor Reimann, Councilmembers DeLuca, Pearson, Peterson and City Council/July 25, 1989 Page 9 o( 15