Title
Partial Release of Easement at 224 SW 2nd Avenue (B)
Explanation
An easement for public utilities was granted to the City of Gainesville in October of 2001 to facilitate the installation of underground electric facilities. The surveyor contracted to prepare the legal description and sketch for the easement wrote the easement description based on property corners found at the site in 2001.
Recently the property was sold and to facilitate the closing, a new boundary survey was prepared and new property corners were set by a different surveyor. Due to the location of the new property corners, the boundary survey reflects that the existing building located in the property encroaches into the easement granted in 2001 by less than one foot.
In order to clear the cloud on the title created by the encroachment, the owner has requested that one foot of the easement be released. Staff has reviewed the request to release one foot of the easement and has confirmed that there are no existing City utility facilities located within the one foot, and therefore has no objection to the partial release of the easement.
Recommendations
The City Commission: 1) approve the partial release of a public utilities easement at 224 SW 2nd Avenue; and 2) authorize the Mayor and Clerk of the Commission to execute the Partial Release of Easement, subject to approval as to form and legality by the City Attorney.
Drafter
Prepared by: Patricia A. Moore, Utilities Administrative Services Director
Submitted by: Michael L. Kurtz, General Manager