City Council Minutes 2007 07 17 - Laserfiche WebLink

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City Council Meeting Minutes July 17, 2007 Page 6 of 13 BETWEEN LOT 6, BLOCK ONE AND LOTS 1-5, BLOCK ONE, JEFFERSON PLACE SUBDIVISION IN THE CITY OF LOUISVILLE -SECOND READING - PUBLIC HEARING Mayor Sisk requested a City Attorney introduction. City Attorney Light introduced Ordinance No. 1523, Series 2007. Mayor Sisk disclosed Mr. Trevino, who represents the parties in this matter, is his client. He recused himself and left the room. Planning Director Wood explained the applicants are requesting authorization to vacate the full width (10') of the alley right-of-way, between the south end of Lot 1 - 5 (Lots 4 and 5 are 628 Lafarge Avenue; Lots 1 - 3 are the City of Louisville Parking Lot) and the north side of Lot 6 (624 Lafarge Avenue), Block 1, Jefferson Place. The position of the applicant is that the City of Louisville has already released its interest in the right-of-way parceN in question. The basis of this position, as indicated in the applicant's letter of request, is that the "alleyway has never been improved and that no one relies on this alleyway for access to their property." As part of normal procedure, the City of Louisville asked the applicants to perform a utility locate to see if there are any private utilities located in the right of way. During this process, it was found that the existing sanitary sewer line for 628 Lafarge extends east from their building, turns 90 degrees south, and then runs directly east on the center line of the alley. Staff has been in contact with both applicants to inform them there is an existing private sanitary sewer line located in the center of the alley right of way. Once vacated, the center line of the alley will become the new common boundary between both properties. Staff informed the applicants due to the shallow depth of the sewer line (a shallow as 2 feet), there is a possibility that future construction of a fence on the property line could result in damage to the line which would then result in the need to replace the sewer line. The cost for replacement of the sanitary sewer line would be the responsibility of the property owner of 628 Lafarge Avenue. Both applicants have acknowledged Staff's concern of the sanitary sewer line and are willing to proceed understanding the implications. Due to the existence of the sanitary sewer line, Ordinance No. 1523, Series 2007 reserves a 10' utility easement over the vacated public alley so the private sanitary sewer line can be maintained. Staff recommends the City would grant and record an easement to 628 LaFarge for maintenance of the sewer line, prior to recording the vacation ordinance. The owner of 628 LaFarge would