Council Communication

Termination of Water & Electric Easements Over Property Located at 590 Glenview Drive
Meeting Date:	March 1, 2005		Primary Staff Contact:	Jim Olson, 552-2412 olsonj@ashland.or.us; presented by Joe Strahl, 552-2411, strahlj@ashland.or.us
Department:	Public Works		Secondary Staff Contact:	Mike Franell, 552-2090 franellm@ashland.or.us
Contributing Departments:	Legal
Approval:	Gino Grimaldi

Statement: Under the current Main Feeder Pipeline Project, the large diameter water pipelines feeding Crowson Reservoir will be replaced and relocated. Several pipelines are currently located across the property owned by John and Marilyn Briggs, 590 Glenview Drive, 391E16BB, Tax lots 1000, 1001 and 16BC 100. A new easement is being acquired and upon completion of the project the old easements will be terminated. The property owner is requesting assurance from the Council that the easements will be vacated prior to granting the new easement. If the council will approve the attached quitclaim deed, it will be held unsigned until the pipelines within the easements are actually abandoned.
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Background: Public Works Project No. 03-15 has been developed to replace aging water pipelines between the water filter plant and Crowson Reservoir. The majority of the project is located on City owned land and public rights-of-way, however approximately 800 feet of the 6700 foot pipeline is located on private property owned by John and Marilyn Briggs. An easement will be created to accommodate the proposed alignment of the new waterline. The new easement will be a 25 foot wide public utility easement and will also provide access for storm drain lines and power and telecom facilities. The new easement will replace four other previously acquired easements, which will be terminated by this action. In addition to the termination of the four easements, an existing 100 foot wide power easement will be reduced in width to 50 feet. The terms and conditions of the grant of the new easement and the termination and reduction of the existing easements was set forth in a letter dated October 24, 2004 signed by Paula Brown and Arlen (John) and Marilyn Briggs. The agreement states that Council approval of the termination of the easements will be gained prior to creating the new easements. Since the existing easements and pipelines must remain in place until the new line is completed, the attached quitclaim deed should not be signed at this time, however authorization for the Mayor to sign the quitclaim deed must be provided to satisfy the conditions of the letter of agreement and to provide for the signature of deed at the appropriate time.
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Related City Policies: City policy has been to terminate existing public easements by use of a quitclaim deed whereby the City releases all of its right title and interest in the easement to the titleholder of the underlying land. The deed to be signed by the Mayor and City Recorder requires Council approval and authorization for the signature.
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Council Options: Council may approve the quitclaim deed and authorize the Mayor to sign the document at a later date. If Council cannot approve the quitclaim deed it may not be possible to acquire the needed easement from the Briggs, and an alternative alignment for the new pipeline will need to be engineered. The alignment through the Briggs' property is the shortest and least problematic of the available alignments.
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Staff Recommendation: Staff recommends that the attached quitclaim deed be approved and that the Mayor be authorized to sign the deed at the appropriate time.
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Potential Motions: Council may move to approve the Quitclaim Deed and authorize the Mayor to sign at the appropriate time. Council may move to delay action on the issue pending further review.
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Attachments: Please click on the link below to view the following attachments: • Vicinity Map, Detail Map • Quitclaim Deed • Letter of October 24, 2004

590-Glenview-Attachments.pdf (774.7KB)

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