[ Council Communication ]   [  Letter from David Hoye ]

Council Communication

Title:	Termination of a Public Utility Easement at 945 Tolman Creek Road
Dept:	Public Works Department
Date:	April 2, 2002
Submitted By:	Paula Brown
Reviewed By:	Greg Scoles, City Administrator

Synopsis:	Approval of the attached quitclaim deed would terminate the City's interest in a public utility easement located at 945 Tolman Creek Road (39 1E 14CA - 800)
Recommendation:	It is recommended that the Council adopt a motion to sign the attached quitclaim deed terminating the City's interest in the public utility easement crossing Tax Lot No. 39 1E 14CA 800.
Fiscal Impact:	None.
Background:	Mr. David Hoye of 2989 Diane Street bas requested that the public utility easemem shown on the attached map be terminated. Mr. Hoye owns the property at 951 Tolman Creek Road (14CA - 700) and intends to build a residence on the lot to the north at 945 Tolman Creek Road (14CA - 800) which is owned by his mother. The existing public utility easement was created as part of the Whistle Subdivision and crosses through the center of lot 800 (#945). The easement apparently carries only private utilities (sewer and storm drainage) for lot 700. Mr. Hoye hopes to vacate the public easement and install a private utility easement that may be more easily adjusted to accommodate future building plans. This request has been forwarded to all local utilities who have reported that the easement is not currently being used for public utilities and would not be needed for future installations. Attachments Vicinity map, detail map Letter from David Hoye Quitclaim Deed

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David Hoye
2989 Diane Street
Ashland, OR 97520

James H Olson
City Surveyor/Project Manager
Engineering
20 E. Main Street
Asland, OR 97520

CITY OF ASHLAND

Dear James

I first want to thank you for you patient and helpful response to my request for termination of a public utility easement and apologize for the extra time requireing you and your department due to my obvious lack of experience. To address yom tents of questions, first, I intend to protect the existing utility with a private easement. Enclosed is a fax copy of the easement that is being mailed here. Secondly, I do not plan on constructing a home over the existing home due to the fact that the planning department wanted me to consult with the plumbing inspector, who said that code would not allow me to construct over the existing utility. Thirdly, the last two questions are the main reasons for the quitclaim deed: Will the existing sanitary sewer and drain conneetious remain in their present location? and Is it possible to relocate the service lines outside the future building site? The lot is narrow and severely constricted by the north line pue, solar access and trees which I do not want to destroy. The planning department has stated that all plans affecting the easement in question will be denied without prior moving of the easement but a private easement can be moved after plans have been accepted. The constraints of the lot have prevented a final decision of where the building site will be, so at this date I am not sure if the lines will remain where they are and the only consideration for not moving the lines would be to protect the existing trees i.e. an 70ft sequoia tree. My desire to change the pue to private is so the lines can be moved relatively easily with an agreement between the owners of the lots without concerning the city.

David Hoye

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