Agenda - Council - 04/28/2015 - Laserfiche WebLink

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CASE # REQUEST TO VACATE A PORTION OF DRAINAGE EASEMENT LOCATED ON P.I.N. R-20-32-25-11-0010; CASE OF R.J.S. BUILDERS, INC. By: James Gromberg, Project Manager Background: The owner of the property, described as Lot 2, Block 2, The North Forty 3rd Addition, has requested that the City vacate a portion of the drainage easement covering the northwest section of this parcel. The City Council has directed the Planning and Zoning Commission to conduct a public hearing, review the input, and make a recommendation to City Council as to the proposed vacation of a portion of this drainage easement. State Statute requires that it be found in the public interest to vacate any public way. In the case of vacation of a drainage easement or a portion of drainage easement, this would include if the drainage easement was no longer needed to serve its original purpose under the original grading plan of the subdivision. Attached for your information are the following items: 1) Site location map 2) Properties notified 3) City Engineer's letter to the Planning and Zoning Commission dated October 31, 1991. Observations: Building Official Glyn Huff has inspected the site and has stated that the ideal spot for the drainage field would be a portion of the currently held drainage easement by the City. Finance Officer Helling has indicated that there is an outstanding balance on Escrow Account #804196 for The North Forty 3rd Addition in the amount of $3,002.01. Contingent upon granting the vacation of easement, the Planning and Zoning Commission may also require that Mr. Sybrant bring the outstanding escrow for The North Forty 3rd Addition up to date. City Engineer Jankowski has recommended the approval of the easement vacation contingent upon the developer submitting and constructing a revised ponding depression having a capacity equal to that originally approved and furnishing the City with an easement over said revised ponding area. Recommendations: Based upon input from City staff, the recommendation is that the Planning & Zoning Commission recommend to City Council to approve vacation of a portion of the drainage easement shown on the attached map.