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REQUEST FOR COUNCIL ACTION Date: August 25, 2014 Item No.: 7.g Department Approval City Manager Approval Item Description: 701 Emerald Ridge Encroachment Agreement B ACKGROUND 1 The City of Roseville has a process to allow property owners to apply for an easement allowing 2 them to encroach within existing public easements granted to the City of Roseville. Most of 3 these cases involve retaining walls, fences, sheds or other “temporary” structures that could be 4 moved in the event the City needed access to the easement for some reason. 5 In this case, the resident at 701 Emerald Ridge is requesting an encroachment agreement in order 6 to build a deck 15 feet wide that would extend 5 feet from the rear of the house into an existing 7 sanitary sewer easement. The attached figure shows the deck in relation to the main structure as 8 well as the existing easement area and the actual sanitary sewer pipe. 9 Staff has reviewed this request and has determined that the proposed deck does not restrict the 10 City from its ability to maintain and access the sanitary sewer pipe.The City Attorney has 11 drafted the proposed agreement granting the City right to terminate the easement at any time if it 12 is determined that the removal of the deck is necessary to access the sanitary sewer pipe. 13 It should be noted that several of the structures in this development do encroach on the existing 14 easement. Given this, staff will be reviewing the current easement area over the next few months 15 to determine if the current easement should be modified so that the structures are not 16 encroaching on the easement. In the meantime staff feels this property owner should be allowed 17 to build the proposed deck in the easement area. 18 The property owner is still required to secure the necessary permits and meet any and all building 19 codes and Townhome Association policies in regards to the construction of the deck. 20 PO OLICYBJECTIVE 21 The City maintains several types of easements to protect areas for drainage and utility purposes 22 as well as walkways and other public purposes. Encroachments are allowed on a case by case 23 basis upon a formal application and review and approval of City Staff and the City Council. 24 SR TAFF ECOMMENDATION 25 The City Attorney has reviewed the agreement and staff recommends the attached Encroachment 26 Easement be approved by the City Council. 27 RCA EQUESTED OUNCIL CTION 28 Motion approving the Encroachment Agreement for the construction of a deck at 701 Emerald 29 Ridge. 30 31 Page 1 of 2