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APPROVED – MARCH 10, 2005 <br />Johnstone stated it was a surveying error that could occur with any street alignment and it’s not <br />th <br />uncommon for this type of error to have occurred in the early 20 century. <br /> <br />Public Hearing Closed - Commission Comments: <br />Deborksi stated that he supports the request and is still concerned that other easements in the <br />same area might come forward. <br /> <br />McAvinew, Pritchard, Loo, Lipton and Sheets all stated that they support the request. <br /> <br />Sheets moved and Loo seconded a motion to approve a right of way vacation request for the <br />Spruce Street Right-of-Way at 101 West Spruce Street with the following three conditions: <br /> <br />1.The applicant shall have a legal description prepared for the parcel proposed for <br />vacation, excepting a 60-foot long trapezoidal area at the southeastern corner of the <br />property having a width of 3 feet at the western end and 5 feet at the eastern end to be <br />reserved as public right of way. <br /> <br />2.The applicant shall convey the above referenced trapezoidal area to the City through a <br />Bargain and Sale Deed, in a form approved by the City Attorney, including a covenant to <br />execute other documents that City may request to confirm City ownership of that strip. <br /> <br />3.Additionally, the documentation would provide that the City would not contest a quiet <br />title proceeding so long as owner conveys the approximate 5-foot by 60-foot right of way <br />strip and executes other requested documents, as discussed above. <br /> <br />Loo requested a friendly amendment to have Condition #2 read as follows: The applicant shall <br />convey the above referenced trapezoidal area to the City in a form approved by the City <br />Attorney, including a covenant to execute other documents that City may request to confirm City <br />ownership of that strip. <br /> <br />Sheets accepted the friendly amendment. <br /> <br />Roll Call Vote: <br /> <br />Jeff Lipton Yes <br />Monica Sheets Yes <br />Tom McAvinew Yes <br />Bill McDermott Excused <br />Chris Pritchard Yes <br />Michael Deborski Yes <br />Susan Loo Yes <br />Motion passed unanimously. <br />6 to 0 <br /> <br /> <br /> <br /> <br /> <br />7.The following items are tentatively scheduled for Thursday, February 24, 2005. <br />6 <br /> <br /> <br />