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Dep t t Approval: <br />REQUEST FOR COUNCIL ACTION <br />1�Tanager Reviewed: <br />i��� ����� <br />DA'r�: 06/1 oio2 <br />I�M No.: VIII. E. <br />Agenda Section: <br />Consent <br />Item Description: Approve an Agreement between the City of Roseville and Jerry Devaney <br />for the installation of a pool deck over a utility easement at 1785 Roselawn <br />Avenue West <br />Background: 7erry Devaney, the property owner at 1785 Roselawn Avenue West, is interested <br />in installing a pool on his properiy. The City has an easement for drainage and utility purposes <br />over part of the subject property, currently in use for sanitary sewer pipe. The pool is outside of <br />the easement, however, the pool deck would encroach on this easement by 5 feet. <br />Staff has reviewed the pool proposal and has discussed the potential problems this encroachment <br />may cause should the City ever work on the pipe. We ha�e asked the property owner if it would <br />be possible to move the pool parallel to the easement to eliminate the encroachment, he indicated <br />that by doing that he would effectively cut off his backyard for any functional use. The pool <br />would have a fence around it, and any access to the back 100 feet of his yard would have to be <br />through the pool area. The properiy owner has indicated that the pool deck is not integrated into <br />the pool itself, and would be willing to remove and replace it at his own cost should the City <br />need to do work within the easement. <br />Since the properiy owner is willing to work with the City and take a11 of the liability for the <br />encroachment, we have drafted an encroachment agreement to allow the pool deck to be within <br />the easement. This agreement delineates responsibilities related to the proposed encroachment. <br />Policy Objectives: It has been past practice for the City to enter into an encroachment <br />agreement with properiy owners on these matters. Filing the agreement against the properiy <br />eliminates any question of the e�stence of the encroachment and who is responsible for removal <br />in the event the City ever needs to work within their easement to maintain the e�sting utility. <br />RECOMMENDED COUNCIL ACTION: <br />Approve the Encroachment Agreement for 1785 Roselawn Avenue. <br />Prepared by: Debra Bloom <br />