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FILE 10-3470 ' <br /> • June 21,2010 <br /> Page 2 of 3 <br /> 3508 and 3510 Ivy Place function as one property even though they are two tax parcels. 3508 <br /> is the primary dwelling. It is located on both tax parcels. 3510 Ivy Place is a small <br /> secondary dwelling located near the roadway on the northerly tax parcel. 3508 was <br /> constructed around 1950. 3510 was added sometime before 1960. <br /> � 3510 sits on the highest part of the property. The property drops toward the lake and toward <br /> the unimproved right-of-way. 3508 has an attached side load garage that was constructed <br /> before 1956. Because of the topography and the shape of the lot most of the driveway for <br /> this garage is within the unimproved right-of-way. There is also a trash can enclosure, <br /> retaining walls, sidewalk and patio within the unimproved right-of-way. � <br /> The property is for sa1e. The title company is requesting assurance that the 3508 has legal <br /> physical access to Ivy Place. A potential buyer is requesting assurance that all the <br /> improvements in the right-of-way can remain. Staff offered an encroachment agreement that <br /> would allow some of the improvements to remain but would require the owner to remove <br /> them whenever they City requested their removal. This is the standard form of an <br /> encroachment agreement. The proposal was not satisfactory so the owner is requesting <br /> vacation of the portion of the right-of-way that contains her improvements. <br /> - Discussion = <br /> The earliest record of encroachments into the right-of-way is in May, 1981, when a notice <br /> was sent to the owner, Steve Wilson, regarding work he had done in the right-of-way without• <br /> city permission or permits. The work included grading that blocked a culvert and restricted <br /> drainage through the right-of-way as well as tree and brush removal. Neighbors were <br /> � concerned that access to the lake was being made more difficult. The grading seems to have <br /> been corrected by July, 1981. <br /> To avoid future problems the City wanted to know where its property lines were. Exhibit F <br /> is a portion of the resulting survey. In December, 1981, Council directed staff to draft a <br /> resolution that would, among other things a11ow Mr. Wilson's existing encroachments to <br /> remain. Rather than a resolution the City Attorney drafted a Covenant and Agreement. A <br /> draft was given to Mr. Wilson in January, 1982, to be reviewed by his attorney. It contained <br /> a provision that the City would grant a license for Mr. Wilson's improvements within the <br /> unimproved right-of-way, as shown on the survey. The agreement lists the encroachments as <br /> approximately 1850 square feet of paved driveway, parking and turnaround area;parts of two <br /> stone retaining walls totaling approximately 40 lineal feet; approxunately 25 lineal feet of <br /> board fence; and one 4 foot by 5 foot wooden trash can rack. The record ends at that point. <br /> There is no final, signed copy of the agreement in the file. It was not recorded. The <br /> agreement is Exhibit G. The encroachrrient agreement staff proposed in April, 2010, was <br /> essentially this agreement without the portions about the tax parcel combination and the <br /> rental unit(3510). <br /> The Public Works Department indicates that over the years there have been sporadic <br /> problems from work the Wilsons have done in the right-of-way. <br /> Issues for Consideration <br /> The 1981 survey and information about the proposed agreement is being provided to show <br /> that Mr. Wilson had knowledge of the encroachments in 1981 and chose not to resolve the <br />