§ 47-24.7. Vacation of easement.

A.

Vacation of easement (city commission).

1.

Applicant. The applicant shall be the owner of property subject to public easement sought to be vacated or the city.

2.

Application. An application for a vacation of easement shall be made to the department, and shall include a legal description of the easement or portion thereof proposed to be vacated and written consent executed by every utility company with existing utilities or a right to locate such utilities within the easement.

3.

Review process.

a.

An application shall be submitted to the development review committee for review to consider if the application meets the criteria for a vacation of easement.

b.

The DRC shall prepare a report to be included with the application regarding existing utilities within the easement and whether the criteria have been met.

c.

The DRC shall forward its recommendation for a vacation of an easement to the city commission.

d.

During a regular public meeting, the city commission consider the application and the record and recommendations forwarded by the DRC and shall hear public comment on the application.

e.

If the city commission determines that the application meets the criteria for vacation, the city commission shall approve the vacation. If the city commission determines that the proposed development or use does not meet the criteria, the city commission shall deny the vacation.

f.

Approval of a vacation of an easement shall be by resolution adopted by the city commission.

4.

Criteria. An application for a vacation of an easement shall also be reviewed in accordance with the following criteria:

a.

The easement is no longer needed for public purposes.

b.

All utilities located within the easement have been or will be relocated pursuant to a relocation plan; and the owner of the utility facilities has consented to the vacation; or a portion of the easement area is maintained; or an easement in a different location has been provided by the utility facilities by the owner to the satisfaction of the city; or any combination of same.

5.

Appeal. If an application for vacation is denied by the city commission, the applicant may appeal the decision in accordance with the procedures provided in Section 47-26B, Appeals.

6.

Effect upon approval. The resolution approving a vacation of easement shall be recorded in the public records of the county within thirty (30) days after adoption. The resolution may provide for the retention of a utility or other type of easement needed by the city, and may have a delayed effective date in order that any necessary conditions relating to the vacation may be made.

(Ord. No. C-97-19, § 1(47-24.7), 6-18-97)