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REQUEST FOR COUNCIL ACTION <br />Date: September 26, 2022 <br />Item No.: 10.h <br />Department Approval City Manager Approval <br />Item Description: Approve Sanitary Sewer Easement and Encroachment Agreement at 2808 <br />Lakeview Avenue <br />1 B ACKGROUND <br />2 The property owners at 2808 Lakeview Avenue applied for building permits to regrade their <br />3 backyard and install a pool. During the permit reviewit was discovered that the City never had a <br />4 recorded easement for the sanitary sewer, installed in the 1960’s, which runs in the back yard. The <br />5 proposed site improvements would be above the sanitary sewer pipe. <br />6 Staff met with the property owner to discuss the site and the impacts to the existing sewer. The <br />7 property owner is willing to grant the City a formal sewer easement (Attachment A) and enter into <br />8 an encroachment agreement (Attachment C) for the pool encroachment for the sewer. The design of <br />9 the pool is a fabric-lined pool that gets replaced every 7 years. The applicant indicated he went with <br />10 this design knowing the risk of the sewer main. The City’s sewer main is scheduled to be lined later <br />11 this fall and manhole access will still be maintained. The only sewer service in this encroachment is <br />12 the property owner’s which is a newer service. The site still has adequate cover for the sewer pipe. <br />13 Based on these factors, City staff can support the encroachment agreement. The encroachment <br />14 protects the City should we need to repair the pipe which would likely only be in the case of an <br />15 emergency. The City would not be responsible for any impacts to the pool should we need to dig up <br />16 the sewer pipe. <br />17 The City Attorney has drafted the Sanitary Sewer Easement and Encroachment Agreement. If <br />18 approved, both of these would be recorded against the property. <br />19 F INANCIAL I MPACTS <br />20 There are no costs to the City for these agreements. <br />21 S TAFF R ECOMMENDATION <br />22 Staff recommends the City Council approve the Sewer Easement and Encroachment Agreement at <br />23 2808 Lakeview Avenue. <br />24 R EQUESTED C OUNCIL A CTION <br />25 Motion to approve Sewer Easement and Encroachment Agreement at 2808 Lakeview Avenue. <br />Prepared by: Jesse Freihammer, Assistant Public Works Director/City Engineer <br />Attachments: A: Sewer Easement <br />B: Sewer Easement Exhibit <br /> C: Encroachment Agreement <br /> D: Encroachment Agreement Exhibit <br />Page 1 of 1 <br /> <br />