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Memo to the City Council/EV 00-2 <br />April 17, 2000 <br />Page 2 <br /> <br />The site most recently consisted of a convenient store, laundromat, gas <br />station and car wash. <br /> <br />On August 20, 1984, an administrative split of Barrington Place was <br />approved that split Lots I and 2 so that two additional parcels could be <br />created. As part of the approval, a private road easement was created on 592 <br />Dodge that provides access to 580 Dodge (easement document 208303). In <br />1985, a second easement was recorded, the "Bowen Easement," that provided <br />an easement for emergency vehicles and drainage and utilities over 568 <br />Dodge. The Bowen Easement is presently used as an alternate access to <br />John Oliver and Associates at 580 Dodge. The applicant believes the use of <br />the easement for access to 580 Dodge presents a dangerous situation for <br />pedestrians and tenants and creates a liability issue. The applicant also <br />believes that the blanket easement is an unnecessary encumbrance on the <br />property and should be reduced to the area necessary for drainage and utility <br />and emergency service purposes. <br /> <br />Bowen Easement <br /> <br />The easement, known as the "Bowen Easement" is a nonexclusive easement <br />in favor of the City. The easement is limited to providing municipal services, <br />emergency vehicular access, performing construction, repairs and <br />maintenance of the easement and not for use as a public thoroughfare or for <br />the use of the general public (See attached easement Bowan Easement <br />document). <br /> <br />In 1996, the City Attorney reviewed the "Bowen" easement at the request of <br />CCF Inc. the owners of 568 Dodge and determined that Bowen was not the <br />fee owner of the property when the easement was recorded and that the <br />Exhibits describing the property were not recorded with the easement <br />document. The City Attorney determined that without attached exhibits, the <br />easement defaulted to a blanket easement over the entire property. The city <br />Attorney also determined that the Bowen Easement did not grant 580 Dodge <br />an access through 568 Dodge. <br /> <br />Emergency Vehicle Access <br /> <br />The Police and Fire Departments are opposed to a complete vacation of the <br />easement and request that a minimum 25-foot easement along the south <br />property line be maintained. <br /> <br />Drainage and Utility Easements <br /> <br />\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\evOO-2.doc <br /> <br /> <br />