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<br />City of Centerville <br />COWlCiI Meeting Minutes <br />September 14, 2005 <br /> <br />signage requirements recommended by the League would be similar with docks and <br /> <br />bridges. <br /> <br />Staff will look into insurance recommendations through the League and provide further <br />information to Council. <br /> <br />Erick Knight of 1747 Dupre Road addressed Council and said that his main issue is how <br />an easement works for the City. He then said that he has a declaration given by Land <br />Development that states what the easement is for. He then read it for Council. <br /> <br />Mr. Knight indicated his dock is within the easement and does not disrupt the flow of <br />water. He then said that his insurance company will name the City as an additional <br />insured but said that there is a bike path around the pond that the kids use to jump bikes <br />into the pond that would be of more concern than his dock. <br /> <br />City Attorney Hoeft indicated that the declaration provided is not the controlling legal <br />document as far as the easement is concerned. <br /> <br />Mr. Knight indicated the dock is a removable structure and is not affecting the City in <br />any way. City Attorney Hoeft indicated the City has the ability to control any structure <br />within the easement and that is what the Council has decided to do based on a <br />recommendation from its insurance camer. <br /> <br />Jim Salin, an attorney representing the residents at 1715 Dupre Road indicated they have <br />a dock on their land and he feels that they own a portion of the land based upon review of <br />the Surveyor's Certificate, which he provided for review. <br /> <br />Mr. Salin indicated his client has home owner's insurance at $300,000 per occurrence <br />and has contacted the insurer and have been ensured that the dock is covered. <br /> <br />Council Member Paar pointed out that it is in the easement, but they own the property. <br /> <br />Mr. Salin asked if the legal description for the easement is provided somewhere. <br /> <br />Mr. Salin questioned whether the easement does cover that dock based on the drawing <br />and questioned how broad the easement is. <br /> <br />City Attorney Hoeft indicated that the drainage and utility easements are expansive in <br />CenteTville due to drainage issues and if there is a question about whether a structure is <br />inside or outside of the easement he would be willing to review it. <br /> <br />City Attorney Hoeft indicated that the City has the right to control the structures within <br />the City's easement. <br /> <br />Mr. Salin said the structure is unobtrusive and it is a very small dock extending six feet <br />long and 10 feet wide that the residents use for limited and reasonable uses such as <br /> <br />i <br />L <br /> <br />Page 5 ofl 0 <br /> <br />.s- <br />