02-22-1993 Council Packet - Laserfiche WebLink

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Zoning File #1798 February 8, 1993 Paee Review of Application #1298 Application #1298 involved vacation request of the ten remaining property owners. The City had already approved the vacation for nine property owners in March of 1988. Review Exhibit H, Mr. Nelson, one of the applicants joining in Application #1298, advised the City of his need to resolve access to the property. As with the vacation oi Forest Blvd., all legal a:cess to his property is v.icated. Remember Mr. Nelson had submitted the letter for the earlier vacation Application (#1251). Planning Commission tabled a!! action on Application #1298 until Mr. Nelson’s access problems were resolved. The City Attorney’s office and staff have been working on various attempts to achieve legal access for Mr. Nelson. It is still Mr. Nelson s position that it is the City s responsibility to acquire access since the City approved the vacation without assuring that appropriate access easements were provided to his property. Members may also remember that the City has sewer lines within vacated Oak Place and appropriate utility and access easements were never acquired by City. In 1989 the staff went through detailed surveying and the creation of legal descriptions for the four affected property owners to grant easem.ents over vacated Oak Place to Mr. Nelson. When one of the four propert} owners demanded variances for future construction of the City for the granting of the easement, the City ceased all dealings with owner and owner’s attorney. Another attempt was made to have a single property owner grant an easement over one side of the vacated right-of-way but in. the end after the documents were prepared the single property owner refused to grant easements becau.se of potential impact on existing mature plantings. Other legal avenues were considered such as the original vacation not being considered valid but this option proved to be far too cum.bersome and costly. The City is now considering obtaining a prescriptive easement over Nelson’s drive located within the vacated right-of-way. This could be either completed by Mr. Nelson or the City on his behalf. If Mr. Nelson pursued the registration his own, the City would be responsible for the payment of all legal fees. The City must obtain utility easements via another method. Review Exhibit G. Forest Blvd. has been vacated to the immediate southwest of the Ryan property. The vacation of Forest Blvd. adjacent to the Ryan propert)’ would have no impact on the Nelson dilemma. In fact the only portion of Forest Blvd. that could not be vacated would be the portions adjacent to the Johnson property. It will be staff’s recommendation that we proceed with the vacation of the remaining seven property owners and complete the total vacation of Forest Blvd. until the Nelson access and City sewer easements are resolved. Staff Recommendation To approve the vacation application of Fred and Barbara Ryan that would seek the vacation of Forest Blvd. along the west lot lines of Lots 6 and 7 and 25’ of Lot 5, Bhxk 6.