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MEETING REQUEST FOR COUNCIL ACTION DATE: Reports & Recommendations I T r NL} ORIGINATING DEPT. /DIV. : Public works Director I F. V L: ', T i tire' Agreement for Mr, and Mrs tot a fence on utility easement at DEPT. HEAD APPROVAL. G G Fie chnage l MGR. REVIEWED/ RED 910 Merri l w., J The City currently has a utility easement carrying sanitary sewer and storm sewer facilities along what would. be Fernwood Street extended, between County Road C-2 and Josephine Road.. Bel_air Construction recently developed the area west of this easement as Merrill Street and several homes have now been built. The utility easement is on the extreme easterly edge of these parcels,. One such parcel at 2910 Merrill Street, identified as Belair' s Lake Josephine Heights No. 2, Lot 4, Block 2. has requested approval to put a split rail fence along their rear property line to discourage tr'e seas s oz's . Permanent improvements are not allowed on utility easements, however, without specific approval by the City. The staff has reviewed this and finds little likelihood of having to utilize this portion of the easement for access to the sewers. Therefore, we would be agreeable to the construction of the fence as long as it was clearly understood that should the City need to mare use of the easement that the fence removal and relocation would be the responsibility of the property owner. The Rechnagel s understand this and are agreeable to 'It. In the past a simple agreement between the City and the property owner setting forth these conditions have been signed by both parties and" has served to accomplish this purpose, Recommended Council Action: Motion authorizing the Mayor and Manager to sign an agreement with Debra and Linden lie chnage 1 of 2910 Merrill Street authorizing them to construct a fence on the city's utility easement, contingent upon their acceptance of all responsibility for said fence.