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\ * <br />:■ <br />• > <br />TO; <br />FROM: <br />Planning Conunission <br />Jeanne Mabusth <br />DATE:July 15, 1981 <br />SUBJECT: #612 A.H. Evans, 575 Oxford Road - Vacation of <br />Flowage Easement <br />Please review the letter of June 15, 1981, from Jeff Watson, <br />Mr. Evans' attorney. He has consulted with the City Attorney <br />and both agree the original flowage and conservation easement <br />was not filed as part of the plat "drainage easements as shown <br />on the plat of Stielow Addition" but as a separate transaction <br />The original easement has a separate metes and bounds legal <br />description. The flowage easement can be refiled with a cor­ <br />rected metes and bounds description. <br />The applicant is fully aware of the limitations still placed <br />on his property by the drainage easement that still remains. <br />The applicant is released from all controls (tree removal, <br />cutting of grass,- etc.) on that portion of the property not <br />included in the designated wetland area. <br />Mr. Watson has advised his client that although the sxibject <br />has been released for normal maintenance that the pre­ <br />sence of the drainage easement will still prevent any con­ <br />struction within the designated area. <br />Staff recommends approval of A.H. Evans application for a <br />vacation of a portion of a flowage easement on Lot 2, Block <br />1, Klitzke Addition subject to the condition that the appli­ <br />cant enter into a cunended flowage and conservation easement <br />with the City and that the easement be filed by the City <br />Attorney's office.