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LEGAL DEPARTMENT MEMORANDUM <br /> No. 2004-01 <br /> January 30, 2004 <br /> TO: Honorable Mayor Osborne and City Council Members <br /> FROM: Steve Garm ity Manager <br /> John W. er Corporation Counse�R`r <br /> i. <br /> RE: Vacation of Right of Way <br /> Mr. Christopher Carey constructed a retaining wall partially located on City right of way <br /> - East Park Lane. While the encroachment was minimal (approximately 138 sq. feet), the City <br /> does not permit construction on right of way. Rather than require the removal of the wall (at <br /> great cost to Mr. Carey), and since the amount of land involved was small and not essential for <br /> traffic or other public purposes, staff concluded that the fairest resolution was to vacate the <br /> property to Mr. Carey. Accordingly, he obtained an appraisal (fair market value = $50), and an <br /> ordinance vacating that property is presented to Council. <br /> Staff recommends approval of the vacation ordinance. <br /> JWC:ps <br /> cc: Wendy L. Morthland <br /> Steven G. Jones <br />