HomeMy WebLinkAboutA003 - Council Action Form dated November 12, 2013 y 1
ITEM # 9
DATE: 11-12-13
COUNCIL ACTION FORM
SUBJECT: PUBLIC UTILITY EASEMENT VACATION AT 2801 EAST 13"'
STREET (KUM & GO SITE)
BACKGROUND:
The engineering firm representing Kum & Go at 2801 East 13th Street has made a
request to vacate the public utility easement currently shown running north/south
through the existing lot shown on Attachment A. The vacation is requested in order for
the property owner to move forward with the process to expand their existing store.
This request was originally planned to be presented to Council at the April 9, 2013
meeting. However, at that time staff had not yet received a response from all utility
users as to the existence or potential use of the existing easement. Therefore, this item
was pulled from the Council agenda.
Public Works staff has now received responses from all registered right-of-way users as
to the extent of utilities in this immediate area and any intention to utilize the existing
easement. The only affected utility is Century Link. The property owner has agreed to
maintain a 10' easement over the portion occupied by Century Link, as shown in
Attachment B. None of the other utility owners have an existing use or any plans to use
the current public utility easement.
ALTERNATIVES:
1. Set November 26, 2013, as the date of public hearing for the proposed vacation
of the westerly 30' of the existing public utility easement at 2801 East Ile Street
while maintaining the easterly 10' of the existing easement.
2. Direct staff to pursue other options.
MANAGER'S RECOMMENDED ACTION:
By moving forward with the process to approve a partial vacation of the easement,
Council will meet this property owner's need to move forward with the expansion of their
existing store.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby setting November 26, 2013, as the date of public hearing for
the proposed vacation of the westerly 30' of the existing public utility easement at 2801
East 13rh Street while maintaining the easterly 10' of the existing easement.
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