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<br />I~ <br />",. <br /> <br />'" <br /> <br />REQUEST FOR COUNCIL ACTION <br /> <br />DATE: 04-24-95 <br /> <br />ITEM NO.: G-4 <br /> <br />Department Approval: <br /> <br />~f¡{~ <br /> <br />Manager Approval: <br /> <br />~~ <br /> <br />Agenda Section: <br /> <br />Item Description: <br /> <br />Hearing <br /> <br />Arthur Mueller request for vacation of easement at 2241 Ferris Lane. <br /> <br />Background <br /> <br />1. Mr. Mueller is the developer and builder of the Ferriswood Townhome project, south of <br />Highway 36 on Ferris Lane. In the beginning of construction on a unit on the northwest <br />corner ofthe property, the building was inadvertently staked so that the footing and <br />foundation extended into an existing City sewer easement. In order to provide clear title, <br />Mr. Mueller is requesting a vacation of that portion of the City easement that the building <br />has extended into. <br /> <br />2. The Planning Commission, at the March 8,1995 meeting, unanimously <br />recommended approval of Arthur Mueller's request for vacation of easement at <br />2241 Ferris Lane, subject to City legal counsel approving an agreement holding the <br />City harmless to potential damage to the structure and extraordinary expense if the <br />City has to excavate the sanitary sewer line. <br /> <br />3. At the March 27, 1995 and April 10, 1995 meetings, the City Council continued this item <br />to allow time for Mr. Mueller, the Director of Public Works and the City's legal counsel to <br />work out a hold harmless agreement with the applicant. It is anticipated that this <br />agreement. This item was continued to the April 24, 1995 meeting. <br /> <br />Engineering Considerations <br /> <br />1. The easement under consideration lies along the west line of outlot B of the F erriswood <br />Addition. The sewer easement extends into the outlot by 10 feet. The revised sutVey <br />shows that the existing sewer line is very close to the west property line of Outlot B <br />centered in the overall 20 foot sewer easement. <br /> <br />2. The sanitary sewer in this area is 16 feet deep and requires the easement width that was <br />provided in the original easement to be able to properly maintain the sewer. The <br />encroachment of Mr. Mueller's building will require that special construction techniques be <br />used to repair the sewer without damaging the building. This extra work ís estimated to <br />cost approximately $7,500. <br /> <br />3. The following solutions were investigated: <br /> <br />a. Retain the existing easement. This option would place all future liability on the <br />owner of the encroaching building. This may make it difficult for Mr. Mueller to <br /> <br />1 <br />