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within the easement and, if it were ever necessary to ensure the easement functioned properly, has a provision that <br />would require the property owner to remove said improvements. <br />Alternatives <br />Option #1: Adopt Resolution #15-04-097 approving an Encroachment Agreement for both the deck and the septic <br />system within a drainage and utility easement. Both improvements were installed after obtaining permits from the <br />City. An Easement Vacation process was initiated in 1991 but was never completed as an updated Grading and <br />Drainage Plan was never submitted by the original developer. These improvements have existed within the <br />easement now for about 15-25 years and there have been no documented concerns related to drainage issues. Staff <br />supports this option. <br />Option #2: Do not adopt Resolution #15-04-097. This action would ultimately result in the need for the <br />improvements (both a deck and septic system) to be removed from the easement. The home is positioned directly <br />adjacent to the drainage and utility easement and thus, there would be no option to reinstall a deck without <br />encroaching on the easement or without significant modifications to the home. Additionally, in 1991, the area where <br />the septic system was installed was identified by City Staff as being the most ideal location for the system. There <br />have been no documented concerns with drainage affecting these improvements or with the improvements <br />negatively impacting drainage. Staff does not support this option. <br />Recommendation: <br />Staff recommends adopting Resolution #15-04-097 approving an Encroachment Agreement. <br />Action: <br />Motion to adopt Resolution #15-04-097. <br />Site Location Map <br />Background Information from Property File <br />Staff Review File <br />Encroachment Agreement <br />Resolution #15-04-097 <br />Attachments <br />Form Review <br />Inbox Reviewed By Date <br />Tim Gladhill Tim Gladhill 04/22/2015 09:34 AM <br />Kurt Ulrich Kurt Ulrich 04/23/2015 02:38 PM <br />Form Started By: Chris Anderson Started On: 04/17/2015 11:56 AM <br />Final Approval Date: 04/23/2015 <br />