§ 37-14. Granting and releasing easements.

(a)

Petitions for granting or releasing easements must be submitted to the director responsible for oversight of the easement. The director may process requests and may establish forms and procedures to carry out this section.

(b)

Any agreement under this section may impose limitations on the proposed use to assure city and utility agency rights are not interfered with. Owners of the fee underlying city easements need not apply for rights under this chapter, provided that in no event may an underlying owner's use of the fee impair or interfere with the city's or utility agency's easement rights.

(c)

Prior to granting an easement, the director may require petitioner to demonstrate that the city owns the fee of the property for which an easement is being requested and that no inconsistent rights have previously been granted.

(d)

The value of the easement to be granted on city-owned property is presumed to equal the fair market value of the fee, determined according to the requirements of this chapter. Nothing in this chapter requires the city to grant an easement, and if a person wants an easement from the city, the city may negotiate for a higher price than the minimum described above. Petitioners must remove all improvements in easements on city-owned property to the satisfaction of the director prior to recordation of the release instrument. Petitions to release an easement on city-owned property need pay only the processing fee.

(e)

If requested by the director, petitioner must sign and deliver an agreement setting out the applicable fee and conditions imposed by city departments and utility agencies.

(f)

Easements will not be granted when they would be inconsistent with the city's use or planned use for the affected property and may be granted or released, after acceptance, only with city council authorization.

(Ord. No. 2016-04-07-0240 , § 2, 4-7-16)