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r <br />«■ <br />Zoning File #1703 <br />November 12, 1991 <br />Page 2 <br />As already noted above the majority of the affected property <br />owners have petitioned for the total vacation of the unimproved <br />right-of-way. The Public Works Director has reviewed the area <br />and has confirmed that no existing municipal sewer lines or <br />public drainage ways exist within the unimproved right-of-way. <br />John Gerhardson has asked for a 10' drainage and utility easement <br />in exchange for the City vacating the right-of-way. <br />Review staff's sketch Exhibit J of the drainage and utility <br />easements to be acquired by the City pending final resolve of the <br />underlying fee ownership of the 20' width. Under no condition <br />shall the City vacate any portion of the right-of-way unless an <br />appropriate drainage and utility easement is granted by the <br />underlying fee owner. <br />Staff Reconsendation <br />To approve the vacation petition of Edvin and Tracee Gibbs <br />and Melinda and Ross Brown for the vacatior of Clara Avenue as <br />originally platted in the plat of Loma Linda finding no further <br />public purpose in the 20' dedicated right-of-way. Based on the <br />following findings: <br />1.Owners to assume portions of vacated right-of-way arc <br />to provide appropriate drainage and utility easements <br />to the City. The City shall provide the appropriate <br />resolution vacating the dedicated right-of-way but each <br />property owner will be responsible for creating the <br />appropriate instrument to update either their <br />certificate of title or abstract. <br />The vacation application will not be presented before <br />the Council until the matter of underlying fee <br />ownership is confirmed for the City. <br />. / <br />. T TT- XVI rr •—TV# • *ir ____________^