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i ` Request for Council Action Date: September 24, 2001 Item Number: C-1 1 Department Approval Manager Approval Agenda Section Item Description: Consent Approval of Encroachment Agreement Allowing a Garage at 1144 Dionne Street to remain located upon a City Drainage and Utility Easement subject to conditions. Back�round: The City Attomey's office was contacted by counsel for Fred and Catherine Klug, owners of the apartment building and accessory structures located at 1144 Dionne St. The title and survey review for a proposed sale of their property identified that one of their garages (located at the Northeast comer of the property) was constructed over a city utility easement. The easement was retained by the City after the City vacated the southern half (33') of the platted Dionne Street. It is unclear from the records whether the vacation of the southern porkion of Dionne Street was in contemplation of the garage construction or not, but it has been established that a building permit was issued for the construction of the garage. The new owner of the property, Metro Properties, L.L.C. is interested in clearing up this issue to the extent possible. The City Council has at least three options: 1) begin legal proceedings to ha�e the garage removed; 2) vacate the utility easement, or; 3) enter into an agreement allowing the garage to remain subject to conditions. Analvsis: Legal proceedings to force removal would be costly and perhaps difficult given the fact that a permit was apparently issued for the garage's construction in the mid-1980's. Additionally, the garage is not in disrepair, is not easily movable due to site constraints and its brick construction, and serves a valuable public putpose by providing residential tenants with off-street parking. Vacating the utility easement is not possible because the City has in place a water service line within the easement area. The preferred alternative appears to be to allow the garage to remain, but to establish conditions protecting the City's long term interest in effectively providing utility services to its residents. An encroachment agreement allowing the garage to remain upon certain conditions has been drafted and is attached to this report for Council consideration. Council Action Reauested: Adopt a motion authoizing the Mayor and Manager to execute an Encroachment Agreement allowing a garage at 1144 Dionne St. to remain located upon a City utility easement subject to conditions.