Title
Release of Easement Rights at Marlboro Farms (B)
Explanation
September 16, 1974 the City acquired an easement over Tract "C" of Marlboro Farms as recorded in Plat book "I", pages 16 - 18. This easement was acquired to facilitate the development of a shopping center proposed by the owner at the time Marlboro Farms was platted, but which has not been constructed.
In accordance with Territorial Agreements between the GRU and Clay Electric Cooperative, GRU transferred its electric customers and associated easement rights in this area to Clay Electric in 1991. The document assigning these easement rights only transferred those easement rights as they relate to electric utility facilities and did not transfer the easement rights obtained by the City for additional utilities, such as water, wastewater or natural gas service.
The current owner of Tract "C" in Marlboro Farms has requested that the City release its interest in the easement over this tract of land. Staff has reviewed this request, and determined that there are no water, sewer or natural gas utilities located in this area and, therefore, has no objection to the City releasing its interest in the easement. However, it will be necessary for the owner to obtain a separate release of easement from Clay Electric Cooperative as to the electric easement rights assigned to them by the City in 1991. The owner has been advised of this fact.
Recommendations
The City Commission: 1) approve the partial release of a public utilities easement; and 2) authorize the Mayor and Clerk of the Commission to execute the Partial Release of Easement, subject to approval by 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