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REQUEST FOR COUNCIL ACTION <br />DATE: 12120104 <br />ITEM: 3.i <br />�l� a rl m en I.+�ppr��k•�� = Manager Reviewed: Agenda Section: <br />L��� �� <br />Item Description: Approval of ApplewoodPointe Phase !1 Encroachment Agreement <br />Background: United Properties is seeking building permits to construct phase II of the <br />ApplewoodPointe Development. Since 1960, the City has had a 30 foot wide easement for <br />sewer mains, pipes and appurtenances that is 30 feet in width over part of the Subject Property. <br />In addition, United Properties is in the process of replatting the Subject Property as Lots 1 <br />through 18 inclusive, Block l, ApplewoodPointe of Arona �� Addition, and intends to dedicate <br />that portion of the Subject Property to be replatted as Lot 18 as a drainage and utility easement. <br />The proposed site plan shows a driveway and a retaining wall that would encroach upon the <br />Drainage and Utility Easements. No portion of any proposed building would be located on an <br />easement. <br />We have discussed this request with the city attorney and have drafted an encroachment <br />agreement with United Properties for a"permanent private facility" encroaching on the City's <br />public easement. <br />Financial Implications: There is no public financial participation requested. The agreement <br />indemnifies the City from any damages to the properiy owners due to the regular use of the <br />public easement. It also requires the properiy owners to assume responsibilityfor the cost of <br />reconstruction of the retaining wall and driveway should the City need to repair the facility or <br />install additional utility lines. <br />Staff Recommendation: Staff recommends Council approval of this encroachment agreement. <br />RECOMMENDED COUNCIL ACTION: <br />Motion to approve encroachment agreement with United Properties for Applewood Pointe Phase <br />II. <br />Prepared By: Debra Bloom <br />