Staff recommends approval of the license with MI Accommodation Properties and approval of the Notice to Purchasers to be recorded.
In early 2008, the City was approached by MI Accommodation Properties for permission to install a fence across the Railroad Right of Way on Talley Road. They needed to restrict access to the rear of their property adjacent to the RR-ROW to accommodate the security needs of their tenants. Installing the fence across the RR-ROW would be a low cost alternative to surrounding their property. Staff requested this fence be of the decorative extruded aluminum variety rather than the proposed chain link fence. The property owner agreed and the City Manager approved the installation.
The City Attorney later advised staff that a License Agreement was necessary to limit any liability issues that may arise as a result of this fence. Staff sent the agreement and the Notice to Purchasers to MI Accommodation Properties, and the firm has just recently returned them with the necessary signatures.
1. Approved the Resolutions as presented; or
2. Such alternative action as the Commission may deem appropriate
There is no fiscal impact. The fence has been installed and the property owner is maintaining the RR-ROW in conjunction with their other mowing operations.
Prepared by: EF Smyth, DCM
Attachments: Yes____ No ______
Advertised: ____Not Required ______
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ________
Finance Dept. ______JB__________
Deputy C.M. ________EFS________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________