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lls1Spvq+_J� REQUEST FOR COUNCIL ACTION Department Approval M Date.- 7/14/08 Item No..- 7.g City Manager Approval Item Description.- Approval of Midland Hills Fulham Street right- of- way Encroachment Agreement W W, � 2 Midland Hills Golf Course is located in the southwest comer of the City. Over the last few years 3 they have seen an increase in vandalism where individuals are entering their property from 4 Fulham Street on the north end of the golf course. The golf course is 156 acres and bounded on 5 all four sides by public streets, in an effort to prevent these vandals from accessing the property 6 they have been systematically fencing all areas adjacent to public streets. They intending to "7 install a fence along the east side of the Fulham Street right- of- way and would like to locate this fence within the Fulham Street right- of- way, instead of on the property line. The reasons 9 for this request; o Midland Hills takes care of maintenance of a portion of the Fulham Street right- of- way due to its unusual width. It will be easier to access the trees and vegetation in the right- of- way 12 if it is inside the fence. 13 o The encroachment agreement also would also include a cart path that serves holes 12 & 13. 14 This cart path has been in this location since the early 1970s. Locating the fence on the 1 property line would exclude this cart path. 16 POLICY OBJECTIVE 1 ��7 This right- of- way is 73 feet wide, standard right- of- way width is 60 feet. Fulham Street 1 serves a small neighborhood and it is unlikely that it will ever need to be made wider, however, 19 city staff is not supportive of vacating the right- of- way. This is because is both sanitary sewer 2�) and storm sewer force main are located within the east boulevard of Fulham Street. These 2 1 utilities would be located outside of the fenced in area. 22 At the June 30,, meeting the Council expressed concerns regarding the indemnification language 23 included in the agreement. The City attorney has revised the language to address the Council's 24 comments. The clause now requires Midland Hills to indemnify the City from all claims arising 25 out of the use of the right-of-way area 26 FINANCIAL IMPACTS 27 There is no public financial participation requested. The agreement indemnifies the City from 28 any damages due to the regular use of the public right- of- way and facilities they install. It also 29 requires the property owners to assume responsibility for the cost of reconstruction or removal of Page I of 2