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Department of Community Development
Reference: Orchard Church Northern Regional Drainage Easement Vacation
To: Mayor Richard N. McLean and Members of City Council
Through: Clint Blackhurst - Acting City Manager
Marv Falconburg, AICP - Asst. City Manager of Development
Holly Prather, AICP - Community Development Director
Prepared By: Lauren Simmons, AICP - Senior Planner
Date Presented: September 5, 2017
PURPOSE
The easement vacation application before the Council is for an eighty-four foot (84') wide drainage easement located on the northern portion of the Orchard Subdivision, Filing 1 and an unplatted portion of the Orchard Church preliminary plat. Grant of Easement is attached.
BACKGROUND
During the final platting of the Orchard Subdivision, Filing 1, the City requested the benefit of two regional drainage easements. The northern regional drainage easement was granted to the City by separate document on May 25, 2017. At the time of the platting of the Orchard Subdivision, Filing 1, the City's Stormwater Master Plan was not yet completed. Since that time, the Plan has been completed and presented to City Council. According to the Master Plan, the southern route for stormwater along 120th Avenue shall be utilized.
According to the Master Plan, the northern regional drainage easement is no longer needed for the regional drainage in this area. In accordance with the Grant of Easement, the City is obligated to vacate this easement at the request of the property owner once an alternate route has been established for the region's stormwater, in this case, the "southern" easement route.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM:
* Land Use and Development Code
STAFF RECOMMENDATION
Staff finds that the proposal meets the Land Use and Development Code, and therefore recommends approval of this vacation for the northern drainage easement specifically described within the ordinance. Staff has prepared a draft ordinance that approves the pro...
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