Title
Partial Release of Easement at 5414 NW 26th Place, Black Oaks Addition No. 2, Lot 16 (B)
Explanation
At the time Black Oaks Addition No. 2 was developed in 1984, a seven and one-half foot wide public utilities easement was dedicated along the north lot line. Subsequent to that time, a pool with a concrete deck was built on said lot. A recent survey of the property prepared by Philip A. Pistorino, P.A., dated March 20, 2001, reflects that the pool deck encroaches one foot and eight inches into the platted easement. The current owners have requested that the City/GRU release their interests in the area of encroachment in order to clear the cloud from their title.
GRU staff has reviewed the matter of the encroachment and verified that there are no existing electric, water, sewer, gas or GRUCom utility facilities located in the area of encroachment, and therefore has no objection to the City releasing its interest in the encroached area of the easement.
It should be noted that, if approved, the City of Gainesville would be releasing only its interests in the easement and that other public utility entities will each have to release their interests separately. The owners have been advised of this fact.
Recommendations
The City Commission: 1) Approve the partial release of a platted Public Utilities Easement on Lot 16 of Black Oaks Addition No. 2; 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