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Council approves easement dedication and right-of-way vacation in Persimmon Grove to regularize encroaching house
Summary
Council approved Ordinance No. 24-12-02 dedicating an electric easement and Ordinance No. 24-12-03 vacating about 168 feet of right-of-way in the Persimmon Grove addition so a house built partially on city right-of-way can be brought into conformance with R-1 zoning; Ameren provided easement language and Planning Commission recommended approval.
The City Council on Dec. 2 approved measures to remedy an old encroachment in the Persimmon Grove subdivision that left a house partially on public right-of-way.
Planning consultant Doug Hermes told the council the property in question dates to early 20th-century plats: the Persimmon Grove addition was platted in 1910 and the subject house was built about 1930, partly on city right-of-way. Hermes outlined three steps to resolve the matter: dedicate a utility easement to cover an existing Ameren power line, vacate approximately 168 feet of the 50-foot right-of-way in front of the house, and have the adjacent northern property owner convey any interest in the vacated right-of-way to the applicant so the parcel will conform to R-1 single-family zoning.
Hermes said city staff confirmed no other public utilities occupy the right-of-way, that Ameren supplied and approved easement language, and that the Planning Commission held a public hearing and recommended approval. The council approved Ordinance No. 24-12-02 (easement dedication) and Ordinance No. 24-12-03 (right-of-way vacation) by roll call votes after taking them to second reading.
Council and staff clarified technical details in the meeting: Hermes confirmed the dedicated easement would cover an Ameren power line located approximately on the north line of the right-of-way and that the easement dedication would be 10 feet on either side as described in the survey. The approvals were recorded without amendment in the meeting transcript.
