HomeMy WebLinkAboutEncroachment Agreement for 715 East Cottonwood Street
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Rick Hixson, City Engineer Chuck Winn, Assistant City Manager SUBJECT: Encroachment Agreement, 715 E. Cottonwood Street
MEETING DATE: October 24, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to sign Encroachment Agreement for 715 E. Cottonwood Street
BACKGROUND: In the process of preparing their property for sale, the owners of 715 E.
Cottonwood Street discovered that a portion of the existing building (approximately 865 square
feet) is encroaching within the right-of-way of Cottonwood Street. The majority of the building lies within Cottonwood Street right-of-way that was vacated in 1899. The west 27 feet plus or minus of the building is located in an area that was not included in the 1899 vacation. The
building has been an encroachment at least since the 1940’s. The owners of the building have
requested that this encroachment be allowed to continue, and submitted the attached
Encroachment Agreement. The Encroachment Agreement would terminate if the building is destroyed or damaged to such an extent that requires the building to be entirely rebuilt. The Agreement has been reviewed by the City Attorney.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: 1) Require the property owners to go through the street vacation process to
permanently abandon the right-of-way, 2) Require the owners to remove the encroachment; or as suggested by the Commission.
FISCAL EFFECTS: None identified.
Attachments: Encroachment Agreement Aerial View of the Vicinity
Report compiled on: October 4, 2011
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