Section 841412 of the Nebraska revised statutes current copy of the open meetings act is available for review and is posted on the wall of the council chambers roll call please start here Malone here Daken here record here yeah here McGuinness here we have quorum uh you all have copies of the uh minutes of the meeting of February 18th.

A motion in regards to those would be in order, Mr.

Chairman.

I move that we approve the minutes of the meeting held February 18th uh 2022.

Second, it's been moved and double seconded.

Any discussion?

Um Rickard, yeah.

All right, McGinnis Darts.

I motion carries.

Um as a formality, if you're presenting something to us this morning, you're welcome to please come to the center podium and address us through the microphone.

Tell us the reason you're here.

Uh the first item we have is item number four on our agenda.

It's called a drainage easement vacation 2022-01.

That's the application submitted by Miller and Associates to um on behalf of Turkey Creek properties uh to vacate the 40-foot wide drainage easement described um in our um in our agenda here.

This is for a partial of property located at 2105 Talmadge Road.

Good morning.

I need to leave the reminder.

All right, good morning.

My name is Craig Bennett, 1111 Central Avenue from Millenni Associates, and I'm here to repres uh represent uh this easement here.

And so I'll kind of go through where it's at here.

The area that we're at references this lot, which was last platted in Turkey Creek Third.

And the reason I'm here is that there's a drainage easement that was um created in Turkey Creek edition, then carried forward in Turkey Creek 2nd, and um it was also shown on Turkey Creek Third.

Um in the construction of the road improvements when we realign Talmade Street.

Um the easement was then desired to pull out to the exterior of the road, like the rest of the subdivision west of it.

Um and so the easement um is being asked to be released.

So I'll kind of show you.

So initially um the last subdivision we done was Turkey Creek Third, and we realigned Talmeets, which goes south the way I'm showing red, and then it um exists here, and so the blue line is where the existing easement um was on the all three subdivisions.

Um what was desired is if you've been out there, there's a drainage ditch known as outlop B on this subdivision, and then it um was desired to carry it through and then bring it back up to the culvert pipes and go back out.

So, what we're here today is to this is a really large lot.

I mean, compared to the rest of them, this is 3.6 acres.

So the reason it wasn't released when we platted that is that there was a lot of developability on either side of the drainage easement and stuff when the lot was platted.

So this is what was platted.

Out lot B is where that ditch is out there today.

Like people's homes have driveways that go across that ditch.

And so the ditch was in this location.

It was desired when we relocated to me to pull this down and relocate it here, which has been done.

And um, so this 3.6 acre lot now would have the ability to build over the top of where that ditch is at.

And that's that's the way it looks today if you were to drive out there.

Um the ditch is currently constructed.

Um, also, in addition to that, there's this little dashed easement here that's showing it's a 10-foot utility easement.

Um that one will remain.

Um there is electricity in it, which was created during the very first subdivision, but it still gives them a large developable area both on the north and south side of that, and they've chose not to relocate those utilities.

So before you today then is the ask for the release of this storm drainage easement as shown here across outlop A and then lot one of Turkey Creek Third, and then um what's shown in red is the new easement that we have to account for the ditch that's already there today.

So because it's a easement shown on a plat, I have to come before planning commission and council to release that storm easement.

All we have to do is vacate it.

Yep, and you can just replatt it on your own.

I mean I don't have to replatt anything, I'm just releasing the easement, so it'll be an instrument that'll be recorded to vacate that easement.

So it'll be an instrument that'll be recorded to vacate that easement.

So if somebody does title work, then it'll show up as being gone.

Okay.

And the new easement well on when we and the new easement comes through as a separate instrument at the same time.

So that's included in your packet as well.

So if this were to pass, then we'd rec we would do both.

Okay.

Any questions for Craig?

Uh Melissa, do you have anything for us?

I do the platted drainage easement impedes developing the lot since buildings cannot be built over easements.

Um the proposed location of the drainage easement along the south side of the lot will work with the existing drainage patterns for the development.

Um the vacation of the drainage easement is consistent with our 2016 comprehensive planes and strategies as referenced.

Um and then staff recommends approval of the vacation of the drainage easement as presented.