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HomeMy WebLinkAbout12-12-78 r ' . } nccNUn CITY OY Dl'tvAN CITY COTAICIL bk~CM"•li~ri:R I21 1978 p~ Special Called Meeting of the CiLy of D011L611 City Council, Tuesday, Accembet' 12, t 1918 at 5130 p.m. An tha Council Chamber of the Mnniol.pal Buildings t1 ) I $~1 ✓1. Consider Lone :tar Can Compony's application for rata in-reaso. { ~ t ~1. Consid^r an otditlanco banvassing Docnrnhrr 5, 1975 Roml Fl.cction. t 3. Consid-• k disF'oyition of City-owned aircraft. Consider Itz:truaS,n1 the City 'lttarn:-y r,n oteps to be taken in the Trant;iam v. Holt la;avit. ! Conside.ir auth ri::inq the Mayor to sign a railroad crossing 11cen.+o to croen the MKT' tracks er. Maynlll Road with a 12" water line. I 1I f ~ VA. Q-20. Consider reco-mvndation r,f L.ho Planning ant Toning Commission to quit. + olaim a portion c.: Lhe utility easament• at 1103 Mr,wood. I Consider fha rec,,,.55t ~ of the Denton Nigh School principal to approve the landing E of a U.S. Mmir,n ?.elic•opter in an open r:i>aro near tho Denton ll.igh Schcml on January 27, 1971. i V8. Conarider a pproval of the 1978 tax rail aptd nuthoriVo the Heyar to sign. j JIJIfYf uSbil; U P S. CITY C(X1NCii. AND CATV ADVI$(VY EOARD 710 r.M:. ' 1. Paulo hearing to rec>it:e presentatignu fzosn Golden Triangle Cownunications and North Texas hie Cotmminicatiohra, Inc. and to receive cotimanta from c.iti,- rens interested iv Cahlo television. LJ 2. Rvemitivd Eta►ic:'. t A. Cons.iuzr cen vzCt with cable compat,y, l 3. Rooeivc a reset-er.8atinn from tho CMV Advisory hoard on the M(l' 11101) of h cablo opotator for thr City of Denton. 4. Considts scrlectinl ol,,-rator for cable television franuhiho in ilia Cit.' of Denton ; d 'naLEu,; City Alaornoy on prepae.ttion of £ranclliue ngrrem,~nt. I i I . A W?"j !J!?t~diJii^rC!'; I ANVASS FI4( if )~~f; 1;f1 7U;d f 3 3'L:..i.' } 'Jiff] S`i'A'l'F OV TEXAS COUNTY OC' I:r.NON CITY OF DrNTOtJ WHEr:EAS, the City Cou:lcil of f3aid city ordered rill eleclaon to be held in Said City on r1FrCM-1BF;)t 5, 1978, on the PROPOSITION hcrolrtaftc:r stated; and 1111EP ;AS, Said City Council has inveatigate(l all mattern pertaining to said election, including the orderInU, giving notice, officers, holding, and making returns of said election; and t, t'MFREAS, the election office+rs whn held said election have duly maa-- the returns of the result thereof, and said roturns hivo been duly delivered to this City Council; and WHERr,S, it is hereby officially found Lind detorm.ineds that a case o: en:srgency or urgent publio necessity exists which re- ~ quires tine holding of the meeting at which this ordinance in passed, such e:n~-rgency or -argent public necessity being that the proceeds from the sale of the proposed bonds are required as soon i' as possible and without delay for l:ecessary and urgently needed public improvenetfts, and that Said nteoting wag open to the public, and public notice of the time, place, and purpose of said mcet.ing was given, all as required by Vernon's Ann. C:v. 3t. Article 6252-17, THE. COUNCIL OF TU CITY or DENTON 11EPEDy ORDAINS: 1. ;hat the City Council officially finds and determiner, that Said, election was duly ordered, that proper notice of said clc-ction was duly given, that proper election officers were duly appointeki~,rlor to said election, that Said election was duly held that due returns of the result of said election have been made and delivered, and that the City Council has duly canvassed aaid re- turns, all in accordance with law and the Ordinance calling Said band election. 2., That tho City Council officially finds and determines than the following votos were cast at said election, on the sub- mittad PROPOSITION, by the resident, qualif.i.ed electors of said City who voted at the election: ~ PROPOSITION Voi,jx; roR THP ISSUANCE: OF $t, 000,00 5 k V')71:5: AGAINST ) OF FINE ARTS CE THR BOT.DS 3. .'hat the City Council officially finds, determineml and dnclaret~ tho.result of said election to be that the PROPOSITION so subtlitted has not received a favorable majority vote in all ronptets Epd has riot rarric+:l, and that the bonds voted therounder may not be issued in accordance with law. Y t r Y l i Gi'17E , ICr (71 .Vi 3[ f, Bfl)_N~, L ~ U', r! 1 J5 THE' STA'I E OP ' E A"a COUNTY OF Dr,!ITOi! j CITY OF NNTON : WWI M i 9ie, the undersiune:d officcrs of said City, ht,r^_b certify ' as fu?lows: 1. The City Council of said City convened in tIUUTXNG OU THE DAY OF DEP;E!13M 19781 at the i:uri ci; c.1 3uildin< d (Cfi:f and the roll wan ca11e<: of L^. r;uly co;iwtituted officers and nlembors of said City Council, to-wit: Brooks Holt, City Se-rotary Joe Mitchell, Mayor j B i I I Nash Di.ch Stewart Dlinor Hullos Mary Claude Gay { and a_l. of s.=.i_1 persons wore present, except the following abse~~.~s: _ i thus consLztutin a: quorum. Slhereupa'n, almong other Utisaness, the followin ,ass transacted at _:,Aid Meeting: a written I GRDI. y CANVASSING BOND ELECTION RETUR14S I was Quly irlt ,.reed fur thn consideration of said City council and rrai it F 11. It was then duly :roved and seconded that E J said Ordinance b-2 passed) and, after duo discussion, said ma- ti,-n, trith it the passage of said Ordinance, prevail- ed and carri._a by the following vote: { MES: r.il ).embers of said City Cournci- 1 sh*wn present above voted "Aye",. NOES: ,ono. { 2. Thn a true, full, and correct copy of the aforesaid Ordinance: p rd at the Meeting described in thn above and fora- going parG~ra~,, is attached to and follows this Cer.ificatet that sai:' Or~.'4nt..ce has been duly recorded in sAid City Council's ~ E minutes of fr.id Ve•atingt that the above and foregoing paragl:aph is a true, full, e.nd correct excerpt from said City council's f minutes of : l:ezting perLaining to the passage of said Ordi- If nonce; that the p,-.:sons named in the above And foregoinc; pare- graph are the Cuiy chosen, qualified, ai:d actingg officers and members of sain city Council as indicated theroin.* that each of the officers ar,d members of said City Council was duly and suffi- ciently notiii,_d officially a(id persorally, in advance,, of tho time, place, and purpose of the aforesaid Ma~,ttng, and that said Ordinance )cold to intrcduced and considered for passage at said Meeting, an ,.I e;.vh of said officers and )members consented, in ad- vance, to.th,? holding of said Meeting for such purposet and that said "eatirg waz open to the public, .:nd public. notice of the , tirnE, ;lace, ar,d purpose of said meeting was given, all as re- quir~r,3 :y Vofnon's Ann. Civ. 5t. Article 6252-17. I That the mayor of said City has approve3, and hereby approt,es, the aforesaid Ordinantat that the Mayor anr] the City Secr=card of said City havt_, duly signed said Ordinancet and that t`vb Mayor and the City Secretary of said City hereby do- CIO--re that Lnoir signing of this Certificate shall constitute thu lgning o>t the attachhd and following coley of said Ordinance for all purposos. SIGHED AND MUD the day of Dacehober,, 1970• I 5ecrertry Mayor (SEAL) - - - - - - - - - - - - - - - - - - - - . - - Woo the undersi,fr.ad, being respectively thva Ci.Ly Att,)r:ney 1 end the Bond Atturn ys of the city of Donton, TmN s, hare6y cur.. 1 tify th.it: wo profrzzc,tl and opprov:! t an to looLilit.y tho 7ttac'hcd er,d f.o.l,lowinq Orlin nc el prior to its pas t.ja as afore. id. { Cllr At.erJz'n~)y I -wV Y .~qy 4 CITY OT DENTON MBMORANDW I, TO$ Chris Hartung, City Manager FF MI King Cole, Assistant City Manager DATEI DGcembbr 8, 1979 gVl,7aCT~ aids of Bale of City-owned Aircraft We have received eleven bids on the sale of the City-owned aircraft. The high bid was made by David Marks of Arlee, Montane for $24,151.00. Our Purchas- ing Agent, John Karshallr has talked to Mr. Marks and he intends to pick the airplane up soon after the Council takes action. The Council doss, of course, still have the option of rejecting all bide and disposing of the aircraft in i soar other runner. one ssall problem has arisen on the tale of the aircraft. We advertised { fir saletho aircraft, a spare engine and a spars propeller. We have since been notified by the U.S Government Property Office that the spare propeller was not eligible for's11e0 so i vouio roor,,ntnd that the City Council authorise i the City Manager to negotiate with Mr. Marks for a rad•.ztion in the bid to coa- pensate for the loss of the spare propeller. AM- 1% XIIiO CO].K , Kc/ie I i i } i r ~,rw Fla wrn,~ CITY OV DENTON MEMORANDUM TO: King Cole, Assistant City Manager FROM: John 0, Maxwell, Civil Defense Director DATE: October 17, 1978 SU13JECT: Data on Civil Defense Aircraft 1, Use'of the aircraft during the last two years, x, Once the aircraft was used to take aerial pho~t;s for Community Development of Industrial Park sites for Cha,r~ber of Commerco brochure, ! r . b,. Once the aircraft was used for aerial photos of Sanitary Landfill ! and proposed sites, 1 c. Flew Johnny Guest, County Attorney Investigator, for aerial a photos of crime sites and surveillance over a pop'testival, d, Proficiency flying of pilots that would be used In Civil Defense emergency, j S. The following pilots are currently authorleed to fly th, aircraft by Civil Defense: ' Li k John 0, Maxwell Civil Defense Director Raymond Carlson Police Officer Robert Morrison Fireman James Addington Airline Pilot & Certified Flight Instructor Jim Addington is also a member of CAP but has only flown three times in the last two years, basically, to give the other pilots their biennial flight check required by FAA, 8, CAP use. e, There is only one member of CAI? presently eligible to fly the aircraft by CAP regulations, ! t b, CAP regulations prohibited members from flying [ft the nircrnft i in their capacity as Civil Air Patrol members duo to the fact that the nircrnft had no Airworthlness Corliftente, I ea Some members of Civil Air Patrol used Wily the nirern(t As 1 ' E ~d~4t`.tr~•'~ r w s , 1 ~~~'MY bV9.x1M' 1' rv ~ 1 ' M 'King Cole October 17, 1978 Page Two ' Civil Defense support pilots, but this was not recognized by the j Civil Air Patrol organization, Again, this was because thore J was no Airworthiness Certificate and they could not meet the 1 flying requirements as listed below, d, The Civil Air Patrol Regulations governing the requirements for being able to fly (1,e Beaver are; 750 hours total flying time 300 hours to tail dragging typo aircraft 20 hours in this aircraft before checkout f as Our Insurance will not cover the CAP in the aircraft for it re- quires each pilot flying the aircraft to have at least 100 hours i flying time In this type ntreraft, and they'havo no Insuranco. They have only one pilot that possibly meets this requirement, C Texas Civil Defense has formed a non-profit organization of pilots in various parts of the State of Texas to support Police, Pire, and Civil Defense any place In the state during disaster situations, This to a new organization and, as soon am f recetve a'charter, f I will form a unit here which would use the Deaver; this could he done in the next month, 5. All funds for insurance, maintenance, and fuel for the Beaver have been donated by the pilots that fly It, No city or county funds have been used on this atrcrafE except for the original $200,00 used to acquire It. { . T I r ~ r y x w v ~ ~ l e f 8 1 .a 8 q V i+ M 1 ga »Ys:.ud;~ryew".nv~4•y,~~sm~r._~w„ru rr rn...,, r e. iF..,.,... r M +r .n. raw ,.:rklrn. =M1~Fy?rti . c e I Ol' 1 ' +P I cfryot DENTON, TEXAS MUNICIPAL 8UILDiNG / DENTON, TEXAS 76201 / TELEPHONE (8 U) 332- 9601 I ~ r MEMORANDUM i ; 70: Jack Owen FROM: Rick Svehla j i DATE: December 1978 i I RE: Pipe line license for crossing the Missouri-Kansas-Texas Railroad 1 Attached is a copy of the license that the mayor must sign to allow for the extension for the 12" waterline along Mayhlll Road. This is the line for the Andrew Corporation that the Council approved at its December 5th meeting. i We have reviewed the forms and can see no problems. The City Attorney has I also reviewed the license and has agreed that it is standard in form and y content. The council action required would be to authorize the mayor to 1 sign the agreement. I 1 r i I DEPARTMENT Of COMMUNITY OEVELOPMFNT ~•,yes,(.~t~,9~;~r~ti'1A74~11!'aM'~''i~',k.`at~t3rd..tn'. ...yt E e,.,. x r .~G:{we a a... e., ...v. n..r,.. N ...I 5 W Y• I PIPE LINE LICENSE 'I IIIS AGRLEAIENT Ihi.L,-27th -day of _ _ )loV4trb9r 14. 76 bel"'cen the AtISSOURI•KANSA` "(FXAS RAILROAD C't7AIl'ANY, hereinafter called "Licensor", and hereinafter called "L.iceme:"• IVfTT\FiSSfali; ARTICLE 1• i 1t,'fcrm:,rhii,rgreemtntslwlita),ceffee the date hereof, and unlesssoehcrlerminatcdosprovided herein, shall continue In force so lung as used for the purpo<e herth f:t out tseu~rtstaJ~sf~> i373)ybA ~r}i~Tltidli~F2i unlit terminated byy tither party giving the o:her party not less than thitty 00) dnya advent: notice In t+ritingofan Intention to lerminatethe same, thr vgreement to tcrrninnleu)an the notice. 2. Condderstion and Descriptinn: In consideration or_ A Gib!', ,l Y1 T', oic Y.-rIVI: 1LLiJ NO/100 _______.•....__w-..... rectipt of whirh Is hereby a6nwsledged, and of the covenants of Licensee as hcrel nafterstt rot th, Licensor hereby grantsa liccnsc and perail,sion to F.iecnset to construct, rccon,siruct, use, maintain, o crate, re air and In.%I II b boo n l Lur3 lYe p 12 Y X mtthod, 02 1 _pipe liner(s) cn, a+ed in a airier pipe 1101 exceed inp~ _ . ) inches in diameter, to be 6scdforcarrying- t13►or_ _ j across or ! along licenser's property at or n,ar__ Cor atth in the Count of of._ y -end Stale Eor cnaweniencc, the rnld pipe line is hereinafter referred to as "Crossing", The locatEon of said Crossing is more particularly dcacribtd aw follows: 1 Said tNalva (12'x) inch wator pi),va lino croataes raid 12ailroa,3 Company's prep des at an angle of 71 clogreas, more or 1asa, me-asurod to the right, riorthwastorly, front the conter- line of said Railroad Comprttt,.yl s Denton Subdi- vision vain t.-rack at Mile Post H-725.25, being main track valuation Chaining Station 1734+40, 6inLant 35 foot, more or 1003, measured South- Orly along tho crntorlino cf suit? ,rain traok front t %e can orlins of tlay 11111 goad at chain- ing Station 1734+65, b.p.T. 14o, 414 687 11. t Said -ipa iids is within the livita of a public cros3.irg. 1 I i i 4 grn'w~~,~1r{~•rY9✓~A,['~^T ixl ~'J rl"., 14. x', ',:-,1' r 10 rr.rea trh . - McMgl AR71(.Lh; 11. Licensee undertakes and agrees; o'clil Assoclatiros%i ON I'pirl 5,rVft-l ncs.ni'hesCrossing hall he Ia 1 rindlinninl dln d atethe soleiorl~ cost of Li ttnsce, and nVinocring tsith maivrLtl salisfactnry' to f.icensor's Chief Lngincer, g with its top of least five and onohall{S h~ feet beneath the base of the randu O% r Ihu trick', and tit least th rec (3) feet t. With Itlc ground ctsr,ican , soit will not interrerewith the LIN oppera tioric4ald railroad orcause dauage to l.icrmor'xpropcrty. Sold pipe hie shall be cnc:lsed in a larger pipe Ahare itpasscsundcrntiy railroad j track, and for at La t+cenq•-five (25) feel on each side of the center line of any such track. , make Afl'rctotllicrclhyppun>~nttoe case or otherpermsslongrantedbynlnrmorhsoAny tl+atLi enscce'ssaldCrossi giAillynottun+reasonaibly interfere with the use of the suhjrcl property, or create undue hard.hfp on the person or legal entity occupying tllepremises. r 3. 1.Iabihtyr Liceroar shall not be liable for in), damage Iosald Cross ins or the con ten 13 there:, hr,,vsoevcrsuch damage shall be caused, whether by the negtigencc of idccnsor, its agents, employees, or othertvEse. nnaccountiofinjur)5toordr~athiofanyandallppantnsotd nrtglciopropoty,aEn¢lludinglieslockkilledor ristoilresu2tinyforo orfnciOvialIutheeo~.•rcctinn main temuce.use,operation, relocation, reconstruct ion or existence ofsatdCrossing on1,14ensor's prcmives, or the rein,;u th;leof frrr, so'd premises, or to the restoration of or failure to restore sold prcrnises to their prior or orhrr CUnditiun as fcr"n l rtn:d d nr; r.ich injury, death or djIjIjr1 511all b: t'U a9C'J UT COrAribated to t y the negligenec of licensor. its ogcnls, employees or othrr+visr, and Licensee will protect, indemnify and hold harmless Licensor and any others Iclstllyus(ugitsright ofway,fromANC.aims,dernands,suitsoraclionsgrowingoutofanysuchloss,in'u yor demands, including esdltargon rods, court costs, and attorneys' fees resulting or in any manner ails{n(t from lm the risks herei,t assumed by 1.icensre. I lccnsce further agrees to immediately imestigate tiny such claims, demands, or suits and shall defend, settle, and/or otherwise dispose of the same at its sole cast and esprnsc. In thecvrnt Licensee srulrs any such ,alias, demands, orsuiis, (t shall nbtain a rciravc tlhich includes Lcensor. Licensee shall nothatcerrnakeaalrimLicenroranyclaim ordemAndfororonaccount ofan damage Licensee may gg y suffer or sustain I>ccau+e of a nv fnihse of Lieensor's title to the right of way And lands occupied by sold Crossing or any part r tharcof, 4.WO tifTo waiveall rlghtlaqu4milonthe Validity of this l.iccmwor any of the terms orprotlslonshcrtof,ortheright or power of licensor to execute arse .nforct the some, j i ARTICLE 11L It is mutually agreed by and between the parties, as follows; 1,(a) Repairs ant) Rrlocat:vn: Licensee will at All times mal:,la{ .e Crossing in a safe and secure lnanncr, And in a condition salis!lactorytoIIrensor Licensor ma rcgtieslLicensee tnchangethrlocatlonoflheCrossin ,eran make reason,.ba repairs as In the jud1srement of Licensor shall be dt,cmed accessary to nvold Interference with ordangerrIn the use or operation of Licensoes railrvad, o any of its present or future appurtenances, or Iclrl(r iph, telephone, signal or other lion on LECCnsar'6 ript of way, and in the evrrt iris found nccessag for Licensor to use itsrntireright ofway,ortiny portion of it necuplcd by the Crisslnl,Licrnseexhallalirsu,l expense,nndsskhenthirty(3U)daysafter notice sotodo,(orup,inshorter nolicelncaseof rniergciicy), remove said C'r osimg. or as much of Ilse Crossing as is IocAted upon that portion of the right of way to required by Licensor. (b) If Licensee shall fail to petrorin ally of its obligations contained in this agreement to the malli%nanea of safe Ctrnclltlnn/lnandnbout!;aldC'rn nngorastotheprotectionofvviresfromelectricalEnterferrnceonLieettror's rroperly or to make Any nvecooty repatri, or to relocate sai'J Crossing, then licensor may muse such condil Ion lobe made safe archange of location to be m lie, or repairs to he r lair nr C'rasaing to ha removed from LEccnsor's rapers , Licensor acting ns the agent of Licenser, and may perform such work as is necessary !n thejudgernenl of licensor, and i,+C.n. ec shall, on demand, promptly reimburse f I iccnsur the w hot" rust thereof, plus ten (109i) per cent ihercnn ns a charge for suprrvlsion, necqunttng, and use of tools: or I,ic.:nsormay, lcrmir,arcihisLiccfascbygiving to .Icenscenotleis than ten(10)days'advan:ewrmennaiceofitsIntention toto t do. 2, 1 ernrh,adbn: Licensor n,ay terminate this Liccuse upon left (10) days' written notice if Licensee falls to kcepn fly of I ieensl %'s CO$CVJ tits h rein contained, or if the ril;ht or vi-ay is rcgqtired for other purposes by Licensor, and no reimbutscmenr IhJll he rriadc for Liccr,scr's cxrenses incurred in the rcrttoral of this crossing or the consideration paid for this L.icenxe, No tcrininntial or expirolicn shall affect the rights:ind liabilities, if any, cf the parties herelu thra cxlsliny. 3. IlWnratiom L•pan the termination of Ihis ngrecritcni, whether in accordance with the provisions of PAregraph I of su sc, riweahatt Awrayti, cle tit c or rc4oI aro ra ra w idlh 2ightor o` 4 w' of y l Ars itsticle pri illor or conditiothcron, orl oc to a arndilionrrum Ii alisfartorery to mote (.icensaid Csor, if H ros%ln ee fronsec m shall rail LicensorI'sn rrt emht ov or sold ( rossln g within therl) 10 do ys it ter file termination of this A reevicia, idcensor may remove the saute, and charge the expense Ihercfor to the I iuriwc on the Kids provided in Parrgrapfli I(b) of Article III, I 4 rf~.'k` -low i ~naiu~ ~rv,~nr~ 1 0 { 4. Miseellanevus: (x) Ibis Idccnso and al I of the provisions herein contained shall be binding upon the pieties hereto, r their heirs, cxccutors, a IminIstrators, successors rod assigns, and LIcenscc ogtcas uI supply notice in writint{ to Licensor Of any uaonochnngo. IActnsccgIccsnot to assign this License orany in Icicst therein, without the consent of I,icensorIn -A rW,ng,and any and every such al tempted assignment Without such prior Written consent shill be void and of no effect. In the event O r a ny as0gnmmnt,I1ccnsceshaIf aIaIf IimesrernaIn fully roponsiblcand Iiablefort hrpaymerrtoft he IcntaI,if any, he rein spc6fiednnd t for the compliance of all of its odor obligat'nns under the terms, provisions, and covenants of this I iccnse, (b) fn thcvvertt rent is paid annually. I,Iccnqor express]), ccicrAcs the right to1nc,rcasct1icabovcrcr%IaI ratconnnyycarly I annivcrsoq'd,WofIhisliccnsebygivin~ LicensreIhIrty(30)days'writtcnno Iice. LiccnsorntayIn creasot he ton IaIby the t percentage that the Consutncr Price Index has Increased, published by the Department of I.ahor, since the last rental t increase period, or the Iasi anniversary date hereof. (c) I lie pers.+nal pronouns used hcrcin as referring to Liccnsce shall be tmder.tond so to refer to f.icen,s" whether Licensee be a natural person, a partnership, or a corporation, or any combination thereof. j (d) Any novice hcrcin rcytiireJ to be f:ivcn by licensor in Liccnsce shall be deemed propcrly given it served upon at delivered to Liam,^e of his authorized agent, or if posted on or if mailed, postpaid, addressed to Licen.uo at III%Iasi known place of business. (c) No oral promises, oral agreements, or oral warranties shall be dccmcd a part of this E.lc<nse,norshall anyalicretion, amendment,supp!ca:nt,oraaiverofanyortheprovisionsofthislicenscbebindingu oncithtrpart hereto unicsslhe same be supp'ementcd, altered, changed, or amended by an Insirunutd in writing, signed by Licensor and Liccnsce, (0 This Hccnse does not become binding upon Llccnsot until executed by Licensor's vice-president. IN M'IfNf.SS WHIKI OF, the parties herein have executed ibis agrecmentasof the day and)'earfirstobovewritten, MISSOURI-KANSAS•7'rXAS RAILROAD COMPANY fly _ Vice-President Tht+ CT"~°X bf~ 1. - - A515°.At1Mt-ICA\~ t4'F:,kA5 i hl + ~)tYi:+ C:+ fly Y _ 'fide t?2tYOt AI Ijl' JEb/ l.i r%f , Address' r3 v ! 2i5 RaSt t,chihtley (iASc , OKu,ICAYt r,R1Is.'r,1 ' ixaniran, aaxat3 76201 'vio'l:-Woos t, sn ~ urr'li:vn I `a n.vsr. 'ri,~e i;,.. auto LE.t iiAt t:Upit I~P6LLrJt V.\7 K.•• ~ qw, r' I xlcY opt;' r ti ttf:,.. ,_.~Ar+-.L-- i F'i1e; T-1E753 } 7,Q.i Tr r,~~l`Y f'.YlR4~,"A~1.a~M,~Y. . \l Y' u r' r ~nqv • r...r.,. r. u. < y.. a.r ..rl 4 ~♦AY)r n O-r Po fi 666.1 r tt~ ~ ,133''' ~~x.~ `o- ~ I ~ ~ e ~ ' + 111 l1 . / Ve. I rye... f ~ Y b rr. D O x ` 00 ~ t,Q /1,f// S,n•,~S' , n ' ~ r 41 1"1" ~ ac e ' f ~smt i t COUNCIL AGENDA ITEM N 12/12/78 SUBJECT; Q-20. Requested quitclaim of a portion of a itility easement at 803 Linwood, r SUMMARY At your meeting on November 219 1918, the City Council considered and approved release of a waiter of a portion of a utility.ease- ment at 803 Linwood. The lending institution involved in making a ,Mew mortgage on this house has concluded that release of a waiver does not r"et its requirements and, thus, will require quitclaim of this 3.2 foot portion of the easement over which I the house extends. The Utility Department has reviewed this sit- uation and determined that the water line located in the te-, foot j i ! easement Is no. sited under the existing residence. It is the position of the Utility Department that the 3.21 x 34.21 portion ro, , of the easement over which the house protrudes can be quitclaimed to the property owner without the loss of adequate maintenance capability. ACTION REQUIRED: I t City Council approval of the requested quitclaim. ALTERNATIVES: II! Continued retention of the entire 101 utility easement, in which case it is unlikely a conventional mortgage would be'approved 'for the sale of this property.' f RECOMMENDATION: E The Planning Commission considered this quitclaim. request and unanimously recommended the City quitclaim this 3.21 x 34.21 portion of the utility easement at 803 Linwood. i } t j I i } f I CAST 75.0' f" z Or 30 I i y I~ t~ I . I M Q_20. Utility easement requested f~1 i "I for quitclaim. k I 1.6 I` r o.: 24.4 ~ri~.rC-b,Pr1, 803 L I N W OOD DI~IV•I 1.1` NONE sLm ACIC~c~ l'E~"~nf_NCo L9 r • , i 173 21.5. k O qo I b A$l'm t~ ss 3Q~i~xll/~f~r PAr~iNG '90~~,p•~, E 64 Y y] r a+ 7 } j ;a f i 1 1 l i { i FILE i I t ~7