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HomeMy WebLinkAboutRESOLUTION NO. 2011-80 RESOLUTION NO. 2011-80 RESOLUTION APPROVING A BUILDING ENCROACHMENT INTO A SANITARY SEWER EASEMENT, LOCATED ON LOT 5, SELZER’S LAKESIDE ADDITION TO FAIRFAX WHEREAS, the City of Fairfax, Iowa does possess an existing Sanitary Sewer Easement in the northerly portion of Lot 5, Selzer’s Lakeside Addition to Fairfax; and WHEREAS, The property owner of said Lot 5 wishes to construct a garage over a portion of said existing sanitary sewer easement; and WHEREAS, This existing sanitary sewer easement is not parallel or equal distance on both sides of the existing sanitary sewer main that this easement serves; and WHEREAS, The property owner of said Lot 5 wishes to obtain permission to temporarily encroach upon said existing sanitary sewer easement with a portion of their garage; and WHEREAS, The property owner of said Lot 5 also wishes to obtain permission to permanently encroach upon a new revised sanitary sewer easement, which is proposed upon said lot 5, with the overhang of this garage. This new revised sanitary sewer easement shall replace the existing sanitary sewer easement and will better serve both the property owner of Lot 5 and the City of Fairfax; and WHEREAS, Hall and Hall Engineers, Inc has reviewed the location and depth of the existing sanitary sewer main relative to the proposed garage, and the typical distance that is normally required to serve a sanitary sewer main of this size and depth, and has recommended that the property owner of said Lot 5 be allowed to 1.) Temporarily encroach upon the existing sanitary sewer easement located on said Lot 5 with a portion of their garage; and 2.) Permanently encroach upon a new revised sanitary sewer easement, which is proposed upon said Lot 5, with the overhang of their garage, both with the following conditions: 1. The garage foundation shall be located at least 10.0 feet from the existing sanitary sewer main. 2. A footing shall be installed under the front of the garage adjacent to the sanitary sewer. This footing shall also be extended around the northeast and northwest corners of the garage to minimize possible undermining of the building during maintenance or improvement work to the sanitary sewer main. 3. The existing sanitary sewer easement shall be vacated in favor of a new sanitary sewer easement that will better serve both the property owner and the City of Fairfax. 4. A new sanitary sewer easement shall be dedicated by the property owner to the City of Fairfax. This new sanitary sewer easement shall be located from 10.0 feet south of and parallel to the existing sanitary sewer main to the north property line on Lot 5 of Selzer’s Lakeside Addition. 5. The temporary encroachment for the proposed garage building into the existing sanitary sewer easement shall become void upon the vacation of the existing sanitary sewer easement and dedication of the new sanitary sewer easement. 6. The permanent encroachment for the garage overhang into the new sanitary sewer easement shall not include any portion of the garage building other than this overhang, and the garage overhang shall encroach no more than 18 inches into the new sanitary sewer easement. 7. The occupancy permit for this garage shall be contingent upon the property owner completing the vacation process for the existing sanitary sewer easement and the dedication of the new sanitary sewer easement to the City of Fairfax. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the property owner of Lot 5, Selzer’s Lakeside Addition to Fairfax is hereby granted permission to 1.) Temporarily encroach upon the existing sanitary sewer easement located on said Lot 5 with a portion of their garage; and 2.) Permanently encroach upon a new revised sanitary sewer easement, which is proposed upon said Lot 5, with the overhang of their garage, both with the following conditions: 1. The garage foundation shall be located at least 10.0 feet from the existing sanitary sewer main. 2. A footing shall be installed under the front of the garage adjacent to the sanitary sewer. This footing shall also be extended around the northeast and northwest corners of the garage to minimize possible undermining of the building during maintenance or improvement work to the sanitary sewer main. 3. The existing sanitary sewer easement shall be vacated in favor of a new sanitary sewer easement that will better serve both the property owner and the City of Fairfax. 4. A new sanitary sewer easement shall be dedicated by the property owner to the City of Fairfax. This new sanitary sewer easement shall be located from 10.0 feet south of and parallel to the existing sanitary sewer main to the north property line on Lot 5 of Selzer’s Lakeside Addition. 5. The temporary encroachment for the proposed garage building into the existing sanitary sewer easement shall become void upon the vacation of the existing sanitary sewer easement and dedication of the new sanitary sewer easement. 6. The permanent encroachment for the garage overhang into the new sanitary sewer easement shall not include any portion of the garage building other than this overhang, and the garage overhang shall encroach no more than 18 inches into the new sanitary sewer easement. 7. The occupancy permit for this garage shall be contingent upon the property owner completing the vacation process for the existing sanitary sewer easement and the dedication of the new sanitary sewer easement to the City of Fairfax. BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and Deputy City Clerk are hereby authorized and directed to execute said resolution. nd Passed and approved this 2 day of December, 2011. AYES: Beer, Otto, and Wainwright NAYS: None ABSENT: Frieden and Magers __________________________ Jason Rabe, Mayor ATTEST: _______________________________ Kathy Everett, Deputy City Clerk