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...
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