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�r,� <br />r• <br />�-'s� <br />] �: <br />=� <br />� :� <br />lt <br />1 ": <br />1� <br />1, <br />1 i� <br />1 �.i <br />� r; <br />�1 <br />22 <br />2 -� <br />� �: <br />�` <br />.1 <br />� (, <br />�- <br />�� <br />� {i <br />� `: <br />31 <br />�� <br />.� . ; <br />�� <br />� C <br />� �;; <br />� ' <br />�� <br />�3 ��r <br />�e� # �►�� p ro��� I; <br />ti <br />� __:�_ <br />REQUEST FOR COUNCIL ACTION <br />�1� n���r I��►��e�� ed: _ <br />{ . <br />� � ,.-�;. . n � , — - <br />� .� {L 4��. ��.� <br />'. C... <br />� <br />�— <br />Item Description: Approval of Walser Encroachment Agreement <br />DATE: 5/7/07 <br />ITEM: 7.f <br />Agenda Section: <br />Background: On August 14,2006, the City Council approved an amended Conditional Use <br />Permit for the new Walser Buick, Pontiac, GMC Truck dealership. This property is located just <br />to the north of the west 35 W ramps and east of Long Lake Road. To the south of the dealership <br />is a pond that is part of the City's storm water management system, this pond is covered by a <br />drainage and utility easement that extends onto the Walser dealership property. A portion of the <br />parking lot for this dealership is proposed to be located on the easement. As a part of their <br />Conditional Use Permit approval for the new dealership, the City required that an encroachment <br />agreement be executed. This was in order to protect the City in the case of a rain event that may <br />flood the parking lot and damage dealer inventory. Also to allow the City access the easement <br />from the dealers lot in order to do maintenance on the pond. <br />We have discussed this request with the city attorney and have drafted an encroachment <br />agreement with Walser for a"private facility" encroaching on the City's easement. <br />Financial Implications: There is no public fmancial participation requested. The agreement <br />indemnifies the City from any damages to the property owners due to the regular use of the <br />drainage and utility easement. It also requires the property owners to assume responsibility for <br />the cost of reconstruction or removal of the fence and parking lot should the City need to work in <br />the drainage and utility easement. <br />Staff Recommendation: Staff recommends Council approval of this encroachment agreement. <br />RECOMMENDED COUNCIL ACTION: <br />Motion to approve Walser Encroachment Agreement <br />Prepared By: Debra Bloom <br />