Title
Williams Release of Easement (B)
Staff is requesting approval of a Release of Easement to Marie M. Williams and her successors and assigns.
Explanation
In 1959, Howard's Subdivision, Unit 2 was developed and a plat was recorded in Plat Book "F", page 2 of the public records of Alachua County. During the platting process a 7 1/2' wide public utility easement was created on the south side of Lot 5 and the north side of Lot 6. In 1961, a home was constructed on Lot 5 and a portion of Lot 6. Subsequently, the north 16' of Lot 6, was deeded to the owner of Lot 5.
Marie Williams purchased the home in 1968 and is now selling it. A recent survey has revealed that the home encroaches into the platted public utility easements on the property. The encroachment into the platted public utility easements creates a cloud on the title. Ms. Williams has requested that the City release their interest in these easements to clear up the encroachment problem and her title.
Upon review of this request by staff, it was determined that no existing electric, natural gas, or water facilities exist within the platted easements. It was determined that sanitary sewer facilities exist in the rear of lot, away from the area of the house encroachment. A separate utility easement was granted by the owner to the City to cover the sanitary sewer facilities. Therefore, staff is recommending approval of the request for the release of easements. It should be noted that the City of Gainesville is releasing only its interest and other public utility entities will each have to release their interests separately. The owner has been advised of this information.
Recommendations
The City Commission: 1) approve the release of a platted public utility easement located at 1806 NW 10th Terrace, Gainesville, Florida; and 2) authorize the Mayor and Clerk of the Commission to execute the Release of Easement, substantially in the form on file, subject to approval by the City Attorney as to form and legality.
Fiscal Note
There is no fiscal impact to the City.
Drafter
Prepared by: Ruth H. Davis, Utilities Administrative Services Director
Submitted by: Karen Johnson, Interim General Manager