Title
Release of Easement at Newberry Square Shopping Center (B)
Staff is requesting that a portion of an easement granted to the City of Gainesville September 28, 1988 be released due to a building encroachment.
Explanation
In 1988 an easement was granted to the City of Gainesville for the construction, operation and maintenance of public utilities at Newberry Square Shopping Center, located at 1005 NW 76th Boulevard. Recently, a survey of the property revealed that a portion of the easement lies under a building located on the parcel. In order to clear the cloud on the title created by the building encroachment, the owner has requested that the City release the area of the easement located under the building.
Staff has reviewed this request and confirmed there are no electric, water, sewer, or gas utilities located within the encroached area. Therefore staff has no objection to the City releasing this portion of the easement.
Recommendations
The City Commission: 1) Approve the partial release of an easement granted to the City of Gainesville in 1988 at Newberry square shopping center; and 2) authorize the Mayor to execute the Partial Release of Easement subject to the approval of the City Attorney as to form and legality.
Fiscal Note
All costs associated with the Partial Release of Easement have been paid by the owner of the property.
Drafter
Prepared by: Ruth H. Davis, utilities Administrative Services Director
Submitted by: Karen Johnson, Interim General Manager