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MEMO: September 19, 1984 TO: Ron Moorse, Planning Coordinator FROM: David Drown, Assistant City Engineer /V//X SUBJECT: Sanitary Sewer Easement to serve Grayden Addition Subdivision The proposed Grayden Addition involves the creation of three new lots. The northernmost lot is not currently served directly by a City sanitary sewer. However, a public sewer does exist in a public sewer easement located fifteen (15) feet north of the northernmost parcel. To access this sewer, the existing sanitary sewer easement must be extended 15 feet to the south to abut the subdivision. We have received a letter from the Graydens requesting that the City take those actions necessary to acquire this easement to serve their subdivision. They have agreed to pay for the costs involved. Based on their request, the City determined the extent of the ease- ment required and made contact with the owner of the property in an attempt to negotiate an acquisition. The property owner, a Mrs. Marilyn Baggenstoss, indicated she had no interest whatsoever, in negotiating with the City for an acquisition for an easement. We pointed out the easement involved was only a 15' x 15' square in the extreme southeast corner of her site, and Probably had a value of less than $100.00. We further indicated that if she were unwilling to negotiate for such a purpose, the City did have the power to exer- cise its eminent domain and take the parcel. In view of the small easement and cost involved, we suggested it wasn't worth the fight. Despite these facts, Ms. Baggenstoss indicated she did not wish to discuss an acquisition. Planning Commission and City Council have approved the preliminary plat. However, before approval of the final plat, provisions have to be made to provide adequate public facilities to each parcel. As an alternative to acquiring the above easement, the City could construct an extension to the sanitary sewer as a public improvement of Western Avenue to serve the northernmost lot. Such an action, in my view, is not reasonable, as the costs involved could be something like $15,000- $20,000. Thus, if the City wishes to approve the final plat, it must take action to acquire the necessary sanitary sewer easement. The appropriate action would be for the City Council to adopt a motion instructing the City Attorney to begin condemnation proceedings for the sanitary sewer. Further, the City should either postpone action on the final plat, or receive from the subdivider a deposit or bond in the amount of lk times the estimated costs of the easement, inclu- ding Attorney and condemnation fees for acting on the final plat. I suggest you review this matter with the Graydens prior to referring this matter to the Council. If you have any questions, I will be happy to discuss the matter with you in detail.