Title
Public Hearing on a Utility Easement Located Under a Building on the Southeast Portion of Block 7, Lots 3,4,5 and 6, Swan's Addition, Vol. 1 of Plats, Page 37
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 Utility Easement 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 Utility Easement that encumbers the title to Lots 3-6 of Block 7, Swan's Addition, Vol. 1 of Plats, page 37, and adopt a Resolution to that effect.
Staff Contact:
Rich Hoey, Director, Public Works Department, 360.753.8495.
Fran Eide, City Engineer, Public Works Department, 360.753.8422.
Presenter(s):
Rich Hoey, Director, Public Works Department, 360.753.8495.
Fran Eide, City Engineer, Public Works Department, 360.753.8422.
Background and Analysis:
The property owner, Drebick Investments, L.L.C., requested that the City release its rights to the abandoned utility easement that is located beneath its commercial building located between Legion Way and 7th Avenue, on Lots 3-6, as shown on Exhibit "A".
Typically, the City will consider release of its easement rights to abandoned easements when it is apparent that no use shall be made of such easement area now or in the future. In this instance, the City permitted a building to be constructed on Block 7 over the abandoned easement area in 1942. The City's easement now serves only to cloud the owner's title.
Staff recommends approval of the release of the abandoned utility easement upon payment by the owner of consideration in the sum of $1,000.00 to the City. The City's requested payment is not for easement rights, but is for reimbursement of staff time to process the release reque...
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