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File #: 14-0513    Version: 1 Name: 04/07/14 Belle Tire ROW Vacation
Type: Resolution/Public Hearing Status: Passed
File created: 4/7/2014 In control: City Council
On agenda: 4/7/2014 Final action: 4/7/2014
Enactment date: 4/7/2014 Enactment #: R-14-114
Title: Resolution to Vacate a Seven-Foot Wide Strip of West Ellsworth Road Near the Corner of South State Street and Accept a Grant of Easement for Non-motorized Use (CPC Recommendation: Approval - 9 Yeas and 0 Nays) (8 Votes Required)
Attachments: 1. 3/18/14 Planning Staff Report, 2. Vacation and Easement Drawing.pdf, 3. 3-18-2014 CPC Minutes for Belle Tire ROW Vacation
Related files: 14-0472, 14-0292
Title
Resolution to Vacate a Seven-Foot Wide Strip of West Ellsworth Road Near the Corner of South State Street and Accept a Grant of Easement for Non-motorized Use (CPC Recommendation: Approval - 9 Yeas and 0 Nays) (8 Votes Required)
Memorandum
There is a resolution before you vacate a portion of an existing easement for public right-of-way and to accept in its place an easement for non-motorized use from 3965 South State Associates, L.L.C. at 3975 South State Street and 590 West Ellsworth Road.

In 2013, 3965 South State Associates, L.L.C. granted to the City a 50-foot wide easement for public right-of-way adjacent to 3975 South State Street and 590 West Ellsworth Road. This strip was anticipated to allow the widening of Ellsworth Road at State Street and permit installation of a sidewalk to fill a sidewalk gap. Belle Tire currently has a site plan pending approval at 590 West Ellsworth. The proposed building lacks sufficient setback space due to the width of the previously granted public right-of-way. Staff review indicates if a 7-foot wide strip of the public right-of-way were vacated and replaced with an easement for non-motorized use, then the setback requirements of City Code would be satisfied and the City would retain the ability to install a sidewalk as originally planned.

The City Planning Commission held a public hearing regarding the vacation at its meeting of March 18, 2014 and heard no objections or concerns. The City Planning Commission recommends approval of the requested vacation upon condition that the petitioner convey an easement for non-motorized use in its place.

Petitioner has provided that easement for Council's acceptance. The easement is conveyed without cost to the City.

Vacation of the 7-foot wide strip of public right-of-way and acceptance of the easement for non-motorized use in its place is recommended.

Attachments: 3/18/14 Planning Commission Staff Report, 3/18/14 Planning Commission Minutes, Vacation and E...

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