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REQUEST FOR COUNCIL ACTION <br /> DATE: 06108/98 <br /> ITEM NO.- I-1 <br /> Devar7ent Approval: Man nr proval: Agenda Section:40- LAND USE <br /> Item Description: Barry O'Meara request to vacate and release utility and roadway <br /> easements with the plat of B on n ie's Estates (PF301 0). <br /> 1.0 REQUESTED ACTION <br /> 1. Barry O'Meara is requesting the vacation and release of utility and roadway <br /> easements within the plat of Bo n n ie's Estates. This plat was approved by the City <br /> Council in 1 995; however, Mr. O'Meara has been unable to record the plat because <br /> of the encumbrance placed upon 'it by these easements. <br /> 2,0 BACKGROUND <br /> 2.1 The new plat consists of three lots along the south and west side of the Milton <br /> Street cul-de-sac. Mr. O'Meara is requesting the vacation of are underlying road right <br /> of way and utility/storm sewer easement across the western and southern edge of <br /> the property directly adjacent to the cul-de-sac. (See the sketch and description, <br /> attachment "A") <br /> 2.2 The utility storm sewer line within this easement provides service from an existing <br /> pond unrest of the site to a pipe east of Milton Street. <br /> 2.3 While the utility easement must still run east-west through Lot 1, and the easement <br /> cannot he built upon, a driveway could be constructed in this location. The applicant <br /> is working with the City's planning and building codes staff regarding the location <br /> of housing on the remainder of Lot 1. Because the footprint size of the proposed <br /> house will be limited by the easement and hove close to the easement the house <br /> is planed, the City's engineering staff will also need to review plans to build adjacent <br /> to this utility/storm water drainage easement. <br /> 2.4 section 1013.04 outlines the procedure for vacating streets, alleys, and easements. <br /> 3,0 STAFF COMMENT <br /> 3.1 In reviewing this request, staff has made the following findings: <br /> 1. The road easement to be vacated will not be needed because of the new <br /> plat road dedications and easements that will be placed on the site. <br /> 2. The vacation of a portion of the existing + . easement will not have an <br /> PF#301 ob- RCA(06!08/98) - Pegs 1 of <br />