Minutes 01/14/1992 - Laserfiche WebLink

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January 14, 1992 1~ If a~ set,on, p~mp~ c~use ~ pro~sl~n of thru re~lutlon shall be held invalid or' un~orce~e for any reason, t~ inva~Ry or unenfo~cea~lity ~ such se~ion, ~mgra~h, cla.u~ ~ pro~.~ion ~hall not affe~ a~ ~ the remaining po~m of this resolution. I~ Alt ordirran~s, r~olutions ~d proecc~r~s in confli~ herewith ~e, to ~e ement of such c0nfli~, h~eby repealed. ~ 15. This r~ohfion ~ take effect upon its adoptiom Ayes: ClemenS, Corprew, Epperson:, King, Hawks, W~ll~ams'i Webb NayS: None ' 92-21 - Letter from the City Manager recommendin9 ~dopt~on of a resolution authorizing the abandOnment of an existing![unused drainage e~sement at 410 GloUcester Avenue. ' "In South Fairview Heights there are several residences on GlouceSter Avenue that are located on a 10 foot City drainage easement. Most significantly, at 410 Gloucester a garage structure encroaches onto the easement and has prevented-resale of the property due to the inability of the owner to obtai~ a clear title. Because the storm drainage at this location is not with n the easement but is actually on adjacent City property, the Director of Public Works recommends abandoning the easement at 4 0 GlouceSter. 'i This action will not restrict the City's ability to maintain the storm d~ainage at thiS location and will provide for a clear title.! Similar problems in this area will be reviewed 9n a case by case basis. I!concur with the ~ecommendation of the Director of Public Works,land :therefore, request your apProvat of this resolution to abandon..i the. easement in~ . .questi°n'" Motion of Mr. HawKs and seconded by Mr. Williams~ following resolution was adopted, and by the following e: ',A RESOLUTION AUTHORIZING TEE CITY MANAGER TO ABANDON A PORTION OF THE DRAINAGE EASEMENT AS SHOWN AND DEDICATED ON LOT:52 OF THE SUBDIVISION OF LOTS KNOWN AS SOUTH F~IRVIEW HEIGHTS (410 GLOUCESTER AVENUE). WHEREAS, the Plat of the Subdivision of lots knowni]as South FairviewiHeights dedicates and creates an e~sement for ~rainage acrossicertain lots subdivided by such plat, and wHEREAs, Said easement is no longer being ulsed by ~he city PortsmOuth for any purpose; and WHEREAS, said easement represents a possible cloud!!0n the title to lot 52 as shown on the aforementioned . plat due~to the fact that a garage located thereon was erected in and o~ the easement area.