SUBJECT
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Approve Temporary Construction License and Permanent Drainage Easement Agreement between Polk County and Horst G. Max and Richard A. Espie and Amanda R. Espie in conjunction with drainage improvements along Peninsular Drive. ($40,000 one-time expense).
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DESCRIPTION
The County was contacted regarding flood concerns on, and around, Peninsular Drive in the Christina area. An investigation into the matter revealed that a portion of a drainage pipeline running from an inlet along the north side of the roadway to an outfall area known as Clark Lake is failing, not functioning properly and in need of replacement. The drainage pipeline is located along the common boundary of Lots 428 and 429 of the plat of Christina Woods Phase 9, Unit 3 as recorded in Plat Book 76, at Page 50; however, there is no drainage easement established by the plat in this location. Additional research revealed that no drainage easements could be located for the area over the drainage pipeline. County staff contacted the owners of the properties, Horst G. Max and Richard and Amanda Espie, regarding the drainage pipeline and requested an easement in order to make the repairs and to accommodate the future operation and maintenance of the pipeline. The owners had concerns with the proposed easements as they have been occupying the areas over the pipeline, in conjunction with their properties, for many years with various landscaping as well as a knee wall along the common boundary. Ongoing and extensive discussions with the property owners have resulted in an agreement wherein the owners agreed to grant a perpetual easement to the County measuring 15-feet wide (7.5-feet on each property) along with a temporary construction license from Peninsular Drive over Lot 429 in the rear of the residence in order to access the portion of the pipeline being replaced. As part of the proposed agreement the County agrees to pay the owners the amount of $20,000 apiece for the permanent easement w...
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