06-16-1986 Planning Packet - Laserfiche WebLink

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Zoning File #1036 June 12, 1986 Page 2 of 2 The City has no plans to make use of the property to be vacated. Existing City sewer lines are well within the right-of- way of Wildhurst Trail (actually platted as Highview Lane going east-west). However, it would be prudent of the City to require that a drainage and utilities access easement be granted over the property to be vacated. The City has no plans to develop a "through" road at this location. If a through road to West Branch Road is ever contemplated, a more reasonable location would be along the west side of the Morgart property. The vacation will not result in the applicant's property gaining legal riparian lake access. An existing dock in the end of the channel (about 75' east of northeast corner of the P^op®J^ty to be vacated) appears to be located on the Morgart property. If the riparian access becomes an issue, the property lines and corners would have to be staked by a surveyor to make a more accurate determination of the relationship of the property the lakeshore. Note that the only boat tied up to the Morgart dock on 6/11/86 is owned by a Brett Ferrell of Mound - apparently the Morgarts have granted permission to him to use their dock. Although not an issue within the purview of the vacation application, applicant should be advised that it is not legal for the Morgarts to rent the dock space to the Ferrells. Given the facts as described above, staff would recommend approval of the requested vacation, finding that: 1. ^ The vacation does not affect access to or use of any • adjoining property. 2. The City has not and does not intend to develop, improve dedicated right-of-way as a road except for utilities and access purposes hereinafter described. 3. The unimproved dedicated right-of-way as it exists serves no public purpose. An appropriate condition of approval would be: 1. Applicant shall grant to the City a drainage and utility access easement over the roadway to be vacated.