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<br />Regular Council Meeting <br />7/17/95 <br />Page 3 <br />Mayor Rinker asked what the easement was. <br />Mr. Frabotta said utility (sewer, water, gas.) <br />Council President Fixler asked Mr. Samac about the situation of the easement. <br />Mr. Samac said the easements were never an issue before tonight. An easement for <br />utilities, or whatever reason it may be for, is a legal agreement between parties <br />providing for access for those utilities and those items that are part of that easement <br />agreement. Typically, they represent gas, water, sewer and the ability for the person <br />holding the easement to go on there to maintain those utilities that they hold the <br />easement for. <br />Council President Fixler asked if there was any example in Mayfield Village where <br />an easement from one house is flip flopped with the other house. <br />Mr. Samac said he cannot pinpoint any one in particular, but there are undoubtedly <br />numerous sewer and water easements that cross driveways and rear property areas, <br />easements for drainage that encompass perhaps 5, 10, 15 feet of each abutting rear <br />property line for the purposes of sewer or telephone utility poles that exist <br />throughout every community. <br />Mr. Diemert said every driveway goes over easements because the easements run <br />parallel to the street and the driveways all go to the street. Whenever there is work <br />required to be done on any particular sewer easement, we often tear up driveways. <br />Whoever does it has to restore it to the same condition it was before. It is not <br />unusual to have driveways over easements. <br />Mary Nassief, 859 Beech Hill Road - said she is right next door to where that <br />driveway is "supposed to be. She thinks in the cases we are talking about, the utility <br />easements were probably put in after the lot split. We are talking about a property <br />that this is their only access to those utilities. Now they are trying to say let's split it- <br />-but, we are going to keep our utilities running into this other lot and now call it an <br />easement. Mrs. Nassief said to her, that sounds like some kind of variance that <br />should go through here--this isn't a straight-forward lot split. The guy is using this <br />lot already for another lot now and he wants to cut this off into this other thing with <br />D. Plus, about 2 month ago, we have already discussed this. This is the same thing-- <br />we are cutting Lot D in half and we are having access to Beech Hill. Mrs. Nassief <br />said if she remembers correctly, the Fire Department said no, you have to have <br />access off of Wilson Mills. Certain things had to be done for emergency vehicles.