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Zoning File #1036 <br />June 12, 1986 <br />Page 2 of 2 <br />The City has no plans to make use of the property to be <br />vacated. Existing City sewer lines are well within the right-of- <br />way of Wildhurst Trail (actually platted as Highview Lane going <br />east -west). However, it would be prudent of the City to require <br />that a drainage and utilities access easement be granted over the <br />property to be vacated. <br />The City has no plans to develop a "through" roa 1 at this <br />location. If a through road to West Branch Road is ever <br />contemplated, a more reasonable location would be along the west <br />side of the Morgart property. <br />The vacation will not result in the applicant's -roperty <br />gaining legal riparian lake access. An existing dock in the end <br />of the channel (about 75' east of northe-.st corner of the <br />property to be vacated) appears to be located on the Morgart <br />property. If the riparian access becomes an issue, the property <br />lines and corners would have to be staked by a surveyor to make a <br />more accurate detei:wination of the relationship of the property <br />to the lakeshore. Note that the only boat tied up to the Morgart <br />dock on 6/11/86 is owned by a Brett Ferrell of Mound - a^parently <br />the Morgarts have granted permission to him to use their dock. <br />Although not an issue within the purview of the vacation <br />application, applicant should be advised that it is not legal for <br />the Morgarts to rent the dock space to the Ferrell s. <br />r-iven the facts as described above, staff would recommend <br />apl,. of the requested vacation, finding that: <br />1. The vacation does not affect access to or use of any <br />adjoining property. <br />2. The City nas not and does not intend to develop, improve <br />or use the dedicated right-of-way as a road except for <br />utilities and access purposes hereinafter described. <br />3. The unimproved dedicated right-of-way as it exists <br />serves no public purpose. <br />An appropriate condition of approval would be: <br />1. Applicant shall grant to the City a drainage and utility <br />access easement over the roadway to be vacated. <br />7 - C 1-4 v'/',0-1V L F'E r; F i A."�'� ! +' 3 Ail' � <br />