Title
Partial Release of Platted Public Utilities Easement (B)
Explanation
At the time Hamilton Heights, Unit 2 was developed in 1975, a seven and one-half foot wide public utilities easement was dedicated along the rear of Lot 52 according to Plat Book "I", Page 42, filed in the public records of Alachua County. Prior to the closing for the sale of the property, a survey of the property, prepared by David D. Parrish Land Surveying, Inc., was ordered. The survey reveals that a portion of a garage attached to the residence on the property, encroaches into the platted easement. Clearing this cloud on the title is a condition of closing and the new owners ability to acquire title insurance on the property.
Gainesville Regional Utilities' staff has reviewed the matter of the encroachment and confirmed that no electric, water, sewer or natural gas utility facilities exist within the area of the encroachment and therefore have no objections to the parital release of easement. It should be noted that the City of Gainesville would be releasing only its interest and that other public utility entities will each have to release their interests separately. The owner has been advised of this fact.
Recommendations
The City Commission: 1) approve the partial release of a platted public utilities easement at 423 NW 103rd Terrace, Hamilton Heights Unit 2, Lot 52; and 2) authorize the Mayor and Clerk of the Commission to execute the Partial Release of Easement, subject to the approval of the City Attorney as to form and legality.
Drafter
Prepared by Patricia A. Moore, Utilities Administrative Services Director
Submitted by Michael L. Kurtz, General Manager