[Council Communication]  [Attachments]

Council Communication

Title:	Termination of a Public Utility Easement Located in the Skycrest Hills Phase II Subdivision
Dept:	Public Works Department
Date:	November 2, 2003
Submitted By:	Paula Brown
Reviewed By:	Paul Nolte
Approved By: ...........................	Gino Grimaldi, City Administrator

Synopsis:	205 Skycrest Drive, tax lot 391E8AB-210, is encumbered by three waterline easements which were recorded in 1890, 1912, and 1948.  The waterlines which once occupied the easements have not been in use of 40 years and the owners have asked that the three easements be terminated.
Recommendation:	It is recommended that the City Council adopt a motion to sign the attached quitclaim deed terminating the City's interest in the waterline easements recorded a Volume 20 Page 397 (May 15, 1890); Volume 96 Page 23 (Mat 6, 1912); and Volume 305 Page 350 (April 6, 1948).
Fiscal Impact:	None.
Background:	The three referenced easements were created at a a time when the Grandview / Skycrest area was active orchards.  The waterlines within the easements supported the raising and processing of the pear crop in that area. The easements were described without specified location and were shown as being within a larger parcel of land.  The easements were referenced on the plat of the Skycrest Hill Subdivision, Phase II with no specific location given.  Consequently, each lot within the southerly portion of the subdivision may show the same encumbrances. The easements are specifically listed for waterline purposes and could be used for no other purpose.  The earliest easement was purchased for $1.00, the 1912 easement was purchased for $5.00, and the 1948 easement was created without cost to the city. Staff researched the use of the waterlines and ensures that they are no longer active.
Attachments:	• Quitclaim deed for signature, maps, copies of easements

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