6.2. SR 05-17-1999 - Laserfiche WebLink

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Memo to Mayor and City CouncillEV 99-2 May 17, 1999 Page 2 . plat the northern edge of the right-of-way corresponded to the northern boundary of the plat. In November 1997 the abutting property owner to the north disputed the location of the north property line and took legal action to have the north property line adjusted. The court ordered settlement was the north property line be shifted 30 feet to the south. The need to vacate the north 30 feet of the right-of-way and add a corresponding 30 feet to the south was a result of this action. James Golembeck, who represented the City in the legal proceedings, will be in attendance at Monday night's meeting to answer any questions and provide additional background information. Issue The issue before the Council tonight is an easement vacation which would vacate the a portion of the western 900 feet of the right-of-way so that it corresponds with the adjusted northern boundary of the plat. The City will also be requesting, as a condition of this easement vacation, the property owner to the south grant additional easement to ensure there is a 60 foot roadway easement and a 15 foot drainage and utility easement on the north and south side of the roadway easement. . The road has not been constructed over the disputed piece of property. It currently terminates at a temporary cuI de sac that was not affected by the legal proceedings. The right-of-way will allow for future extension of the road to the western limits of the plat and future connection to the adjacent property to the west. Recommendation It is recommended the City Council approve Resolution No.99-_ vacating the north 30 feet of the right-of-way for 215th Avenue including the following condition: The property owner of Lot 1, Block 1, grant an additional 30 foot easement along the south side of the right-of-way for 215th Avenue for streets, drainage and utilities. . \ \ELKRlVER\SYS\SHRDOC\PLANNING\SCOTT\EV99-2.DOC