Title
Public Hearing on a Storm Utility Easement at Henderson Commercial Park
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Conduct the Public Hearing. After the hearing is closed, if Council finds sufficient information to take action, move to approve the release of the abandoned City Storm & Surface Water Utility Easement and pipe, and adopt a Resolution authorizing the City Manager to execute all necessary documents to effect such release.
Report
Issue:
Whether the City Council should release the abandoned City Storm & Surface Water Utility Easement and pipe that encumbers a portion of Lot 1, Henderson Commercial Park Binding Site Plan and adopt a Resolution to that effect.
Staff Contact:
Ladd F. Cluff, PLS, City Surveyor, Public Works Engineering, 360.753.8389
Presenter(s):
Ladd F. Cluff, PLS, City Surveyor, Public Works Engineering.
Background and Analysis:
The property owner (SPS Lands, LLC) of Lot 1, Henderson Commercial Park Binding Site Plan, requested that the City release its rights to the abandoned utility easement and storm water pipe that diagonally crosses Lot 1, as shown on Exhibit “A”.
The Henderson Commercial Park Binding Site Plan (BSP) approval and creation date is February 2008. At that time, the developer routed the City’s storm sewer pipe to the exterior Lot boundary and the City abandoned the existing diagonal storm sewer pipe in place. The BSP granted an easement to the City Storm & Surface Water Utility for the new storm sewer pipe location.
Typically, the City releases its rights to the abandoned storm pipe and easement at the same time new easements are granted. This process creates an exchange of rights and does not require additional payment to the City for the release of easements. That formal exchange did not happen with this BSP in 2008.
The proposed development requires the release of the City’s abandoned utility easement and pipe to clear land title and receive building permit approval.
Staff recommends approval of the abandoned utility easement and pipe, upon payment of consideration in the sum of $1,000.00. The City’s requested payment is not for the easement rights, it is for reimbursement of staff time to process the release request.
Neighborhood/Community Interests (if known):
The public hearing will provide an opportunity for Council to hear from the community on the requested release of the abandoned Storm & Surface Water Utility easement and pipe located upon property owned by SPS Lands, LLC.
Options:
Option 1: Conduct the Public Hearing. If, after closing the Hearing, Council finds sufficient information to take action, move to approve the release of the abandoned City Storm & Surface Water Utility Easement and pipe and adopt a Resolution authorizing the City Manager to execute all necessary documents consistent with said release.
Option 2: Hold the Public Hearing, and continue to receive written testimony to a date certain. This option would delay the decision until Council has enough information to make its decision.
Option 3: Hold the Public Hearing, reject the easement release.
This option would leave the abandoned easement and storm water pipe as is. The City’s Storm & Surface Water Utility may continue to have liabilities for the abandoned storm water pipe and easement. The development of the site may also require revision, slowing the development process for the property owner.
Financial Impact:
None
Attachments:
Resolution
Easement Release with Exhibits “A” and “B”
Vicinity Map