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<br />~11\ <br /> <br />REQUEST FOR COUNCIL ACTION <br /> <br />DATE: 04~ 1O~95 <br /> <br />ITEM NO.: G-1 <br /> <br />Item Description: <br /> <br />Manage~~proval: Agenda Section: <br /> <br />~ Hearing <br />Arthur Mueller request for vacation of easement at 2241 Ferris Lane. <br /> <br />Department Approval: <br />ltUf1e\vV <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 />comer of the 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 lega, 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 meeting, the City Council continued this item to allow time for the <br />Director of Public Works and the City's legal counsel to work out a hold harmless <br />agreement with the applicant. It is anticipated that this agreement will be ready for the <br />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 Ferriswood <br />Addition. The sewer easement extends into the outlot by 10 feet. The revised survey <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. If the easement is vacated, the number of feet vacated <br />should be replaced in a new easement to the west. This would involve writing a new legal <br />description. The preparation of this description would be the responsibility of the <br />applicant. <br /> <br />3. Given the 16 foot depth of the sanitary sewer, it will be necessary to move the line to the <br />west in this area. This would provide the necessary room to open a safe trench in the <br />event the sewer line would need work in this direct area. <br /> <br />1 <br />