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File #: 21-77    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 6/14/2021 In control: City Council
On agenda: 7/6/2021 Final action: 7/6/2021
Title: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A UTILITY EASEMENT AGREEMENT WITH THE PROPERTY OWNERS OF 333 SIMON ROAD AND TO TAKE THE STEPS NECESSARY TO APPROVE A REVISED VACATION AND CONSOLIDATION PLAT THEREFOR. Brief Description: Staff is requesting Council authorization of a utility easement agreement and a revised consolidation plat including the vacation of an easement that runs through an existing house.
Sponsors: Craig Shubert
Indexes: Engineering
Attachments: 1. Exhibit 1 - Ord. No. 65-66 (passed 12-6-1965), 2. Exhibit 2 - 1965 Plat: Evamere Hts. Subdivision 2, 3. Exhibit 3 - Diagram of Utility Easement to be Vacated, 4. Exhibit 4 - Plat for Council Approval, 5. Ordinance No. 21-77
Title
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A UTILITY EASEMENT AGREEMENT WITH THE PROPERTY OWNERS OF 333 SIMON ROAD AND TO TAKE THE STEPS NECESSARY TO APPROVE A REVISED VACATION AND CONSOLIDATION PLAT THEREFOR.
Brief Description: Staff is requesting Council authorization of a utility easement agreement and a revised consolidation plat including the vacation of an easement that runs through an existing house.
Body
Legislative History
Ordinance No. 65-66, Accepting the Plat for the Subdivision of the Numbered Lots in Evamere Heights Subdivision #2 for Record; passed 12-6-1965.
Ordinance No. 68-4, Conveying and Accepting Certain Interests in Real Estate; passed 1-22-1968.
Purpose & Explanation
The property owner at 333 Simon Road (Summit County Parcel ID#s 3200769 and 3202160) is pursuing a lot consolidation that includes the vacation of a10-foot-wide utility easement as well as the dedication of new utility easement area to the City. The house located at 333 Simon Road was constructed in 1968 over a utility easement that is to be officially vacated by the filing acceptance of a revised consolidation plat. Review by City staff has verified that the utility easement that runs under the existing house contains no City maintained utilities, is not needed for future use. Furthermore, upon investigation, Staff identified that the utility easement under the house was vacated by the Hudson Village Council in 1968 via Ord. No. 68-04. However, based on investigation into the property records, it appears that neither the aforementioned Ord. No. 68-04 was recorded against the property nor was a revised plat filed showing the vacation of the utility easement. This Ordinance would authorize the City Manager to execute a revised plat consistent with Ord. No. 68-04, consolidate the two parcels, as well as execute an easement agreement to accept a new utility easement from the property owner.
Legal Authority for Proposed Legislation
Pursuant to Charter Sect...

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