Title
Resolution Vacating Existing Easement and Accepting New Public Utilities Easement at 1900 Manchester Road from Memorial Christian Church (8 Votes Required)
Memorandum
There is a resolution before you vacate an existing easement and to accept in its place a new easement from Memorial Christian Church at 1900 Manchester Road for public utilities.
In 1978, City Council reserved an easement for public utilities when a portion of Manchester Road was vacated by resolution of City Council. At that time, certain conditions were incorporated in the reserved easement for public utilities which restricted the grantor’s use of the easement area. City staff has reviewed the above conditions and determined that it would be in the City’s best interest to vacate the existing reserved easement and accept a new grant of easement for the same easement area. The new easement clarifies the obligations of the grantor with respect to current conditions in a manner that is consistent with the City’s current standard easement form. This approach is acceptable to Memorial Christian Church.
The prior conditions were generally consistent with our current standard easement, except that they did not specifically prohibit placement of structures or pavement in the easement. As there are now several structures and some pavement in the easement, the new grant of easement prohibits further structures and clarifies that the City will not be responsible for replacing structures if they are disturbed during the City’s use of the easement. The new easement also permits the current pavement to be retained, but not expanded.
This easement is conveyed without cost to the City.
Vacation of the existing easement and acceptance of the new easement is recommended.
Staff
Prepared by: Kelly Davis, Legal Assistant
Reviewed by: Christopher Frost, Assistant City Attorney
Approved by: Steven D. Powers, City Administrator
Body
Whereas, City Council reserved an easement for public utilities wh...
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