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, ..- . ""' <\ fI;j\ ~ REQUEST FOR COUNCIL ACTION DATE: 03-27-95 ITEM NO.: G-3 Department Approval: ~l}0/mr: Item Description: Manager Approval: Agenda Section: Hearing Arthur Mueller request for vacation of easement at 2241 Ferris Lane. ~~~ Background 1. Mr. Mueller is the developer and builder of the Ferriswood Townhome project, south of Highway 36 on Ferris Lane. In the beginning of construction on a unit on the northwest comer of the property, the building was inadvertently staked so that the footing and foundation extended into an existing City sewer easement. In order to provide clear title, Mr. Mueller is requesting a vacation ofthat portion of the City easement that the building has extended into. 2. The Planning Commission, at the March 8, 1995 meeting, unanimously recommended approval of Arthur Mueller's request for vacation of easement at 2241 Ferris Lane, subject to City legal counsel approving an agreement holding the City harmless to potential damage to the structure and extraordinary expense if the City has to excavate the sanitary sewer line. Engineering Considerations 1. The easement under consideration lies along the west line of outlot B of the Ferriswood Addition. The sewer easement extends into the outlot by 10 feet. The revised survey shows that the existing sewer line is very close to the west property line of Outlot B centered in the overall 20 foot sewer easement. 2. The sanitary sewer in this area is 16 feet deep and requires the easement width that was provided in the original easement. If the easement is vacated, the number of feet vacated should be replaced in a new easement to the west. This would involve writing a new legal description. The preparation of this description would be the responsibility of the applicant. 3. Given the 16 foot depth of the sanitaty sewer, it will be necessary to move the line to the west in this area. This would provide the necessary room to open a safe trench in the event the sewer line would need work in this direct area. Staff Recommendation: 1. This easement was a concern when the building permit was issued. The applicant was encouraged to locate the easement prior to staking the footings for the new townhome. The applicant did not do this correctly and therefore, it is necessary to am.end the easement in this area. Staff recommends approval of the Art Mueller request to vacate a portion of the existing sanitary sewer easement along the west line of Outlot B