Title
Resolution Approving a License Agreement and Grant of Easement for Pedestrian Access for Properties at 113-119 W. Liberty (Kline’s Lot) (8 Votes Required)
Memorandum
Peter Allen has requested a permanent pedestrian access easement for the sale of a condominium unit in the building located at 115 W. Liberty. Salon Vox currently occupies the first floor of this building. Mr. Allen was completing due diligence for the pending sale of the third-floor condominium unit of the building, when he discovered that the only access to the door of the third-floor unit is the walkway servicing the Kline’s lot, which is not a public right-of-way. Mr. Allen is closing on the sale of this unit this month, and has asked for a permanent easement for the entire walkway, as shown on the attached diagram, to insure access for the new owner. (The building at 115 W. Liberty was owned by the City more than 25 years ago, and subsequently sold without any specific access to the rear of the property.)
After consulting with various City service areas, we are proposing that the City grant a revocable license agreement to all of the buildings at 113, 115, 117 and 119 W. Liberty in exchange for maintenance of the walkway that accesses Ashley, as shown on the attached diagram. (It is our understanding that the property owners are currently maintaining the walkway.) The City will be able to revoke the license agreement at any time with 180 days notice for any reason, such as if the City wishes to modify the walkway, or use the walkway area as part of future development on the Kline’s lot.
As the building at 115 W. Liberty has a unit with its sole egress at the rear of the building, we are proposing that a permanent access easement be granted to the building owners. The permanent access easement would be from the rear of the building east to the alley, as generally shown on the attached diagram. The access easement would give this unit permanent access to public right-of-way, if the revoca...
Click here for full text