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Marty and Jerome Witte, whose property is in Brookmore, reported back to the council <br />that most of the drainage problem was on their property and did not involve the <br />neighbors. He said they came to the council to get suggestions of how to fix the problem. <br />Councilman Bryant asked if most of the cut-away was on their property. Marty Witte <br />said yes and probably on the north and south side. Mr. Witte asked Jae Beikman if he had <br />a chance to look at the north side to see if he wanted to bring a ditch across the parking <br />lot ar straight down the duplexes. Joe said an easement would be necessary to do this. <br />Councilman Worthen asked Joe if the Town had an easement across the front of the <br />Duplexes and Joe answered the Town had a right of way on Lehr Drive. Councilman <br />Worthen asked if the Town could drain the water that is taming off of the housing part of <br />that addition and on to the Witte property down to the center swail and out. Joe said he <br />thought he could from the North side but didn't know about the South side. Councilman <br />Worthen said he thought the last time they had talked about property lines. Marty Witte <br />__- said yes if they would need to involve the neighbors, but it didn't look they would need <br />to. Councilman Worthen said he would like to see about getting any of the runoff that <br />seem.S to be running down to their property, away from the property, but staying within <br />the Town's current easements. Street Superintendent, Joe Beikman, said he thought this <br />could be done nn the North side, but hadn't shot the south side to see if this was possible. <br />Councilman, Worthen said that would be bringing the ditch along the road in the Town <br />easement and into their driveway, putting a pipe in it. He asked Joe if that was what he <br />had in mind to do. Jae said on the North side. Councilman Bryant asked if he could take <br />a look at this and let the council know at next meeting, if that is passible, what the project <br />would take as far as culvert and length so the Witte's would have an idea how deep the <br />ditch would be. Councilman Bryant told Joe he would have to shoot the elevation to <br />determine the amount of drop. Joe said from the North side, drop would be three to four <br />inches. Jerome said they were probably going to have to grant the Town an easement on <br />the south side, so they would need to know how much of an easement is needed. <br />Attorney Currens told him that usually Town easements were thirty foot wide. Jerome <br />said it was forty-seven feet from the property line to the building and thirty feet would be <br />too much unless the Town was going to give the easement back. Marty Witte said that it <br />.cuts into the two vacant lots which were zoned for apartment buildings,. so they couldn't <br />put a building on them if they gave the Tawn th' feet. Jerome said one building faces <br />Lewis Drive and could they put a gravel driveway down Lewis Drive? Attorney Currens <br />said they would have to get permission from the board, but if they open it up and the <br />Town is maintaining it then the drive would have to be to Town's specifications. Jerome <br />said then maybe they could get a drive off of Old Highway 67 and Joe told them yes, if <br />they can get permits from the county. Attorney Currens said they would need to <br />determine where structures would be placed and let Joe see this and then he can decide <br />how much roam he needs to do this correctly. Councilman Bryant said he guessed he <br />didn't quite understand, he thought the Town would be required to have drainage <br />easements across the addition because the higher areas of the subdivision was draining <br />down and hitting the Witte property and there were no drainage easement`s to carry on <br />across their property. Attorney Currens said this was not the Town's responsibility and <br />the reason for this was because the addition has always drained this way and when the <br />Town annexed them they didn't change the drainage and when this was zoned and <br />platted, drainage should have been considered, but when the Town inherited the problem <br />and the landowner inherits the problem. The Town did not do anything to amplify or <br />create the problem. This will be on the agenda for next time. Attorney Currens told Jae <br />Beikman he would need to determine what is needed and there needs to be a permanent <br />easement because of maintaining the easement. Joe Beikman said the Town does not <br />maintain easements. Jerome Witte said, if that was the case, then maybe the Town could <br />get a temporary easement to correct the problem and then the Town release the easement <br />and from then an it would be the responsibility of the landowner to maintain. Joe said <br />not necessarily because if we drain the water that way, it's got to be maintained from that <br />point an. It will be up to the property owner and if they sell that property, it's their <br />responsibility to let the new owner know that easement is there. Attorney Tim Currens <br />said a tcmporary agreement could be drawn up stating the maintenance goes with the <br />property owner. Councilman Worthen said he wants to have Joe see if he can drain the <br />water thru Town's easements which could possibly mean stopping the flaw of water as it <br />goes toward Old 67 and go back across to the center drain. He asked Joe, instead of <br />running the water across the road, could we have easement to run it north. Marty. Witte <br />said, so Jae is going to see if water can drain to the North and South instead of to the <br />center, then straighten out the middle piece and take it to the end of the Town easement. <br />Councilman Worthen asked if they were starting building right away. Marty Witte said <br />as .soon as they get a Highway cut permit from the county, they want to begin building. <br />~~ <br />