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EASEMENT E-2021-1: CONSIDERATION OF ACCEPTANCE OF PERMANENT SANITARY SEWER EASEMENT DONATED BY MICHAEL JADE NOLES TRUST TO SERVE LOT 9A, BLOCK 1, THE TRAILS ADDITION, SECTION 3, A SHORT FORM PLAT.
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BACKGROUND: The property is located South of Highway 9 and east of 24th Ave. S.W. at 2018 Morning Dew Trail. The final plat for The Trails Addition, Section 3, was approved by City Council on March 31, 1981. A Short Form Plat increasing the property size to the south was filed May 17, 2013, changing the lot designation to lot 9A.
The owner of the property wants to install a swimming pool in the location of the existing easements in the backyard. The existing sewer line is currently outside the existing easement and upon approval will have Easement E-2021-1 dedicated directly over the existing sewer line. The owner has also contacted the other utilities to relocate, at the owner’s expense, south of the existing sewer line and have a new easement dedicated for those utilities.
The existing easement(s) will remain in place. The owner of the property plans to seek and must also be granted an agreement to encroach the existing easement(s) before construction of the pool begins, and before any City permits or permissions are issued.
DISCUSSION: The sanitary sewer easement and utility easement will continue to serve the platted properties in this addition. The relocated franchise utilities have asked to have the new easement dedicated prior to the relocation of their services, or review of any encroachment request. City Staff have reviewed the easements as to form.
RECOMMENDATION: Based upon the above information, it is the recommendation of staff that Easement E-2021-1 be approved and filed of record with the Cleveland County Clerk.