13-04-001

Division 13-04-001
Easements

Sections:

13-04-001-0005 Easement Conveyance by Other Than a Final Plat

13-04-001-0001 City Action

A review of the completed instruments and all legal descriptions, exhibits and maps shall be made by the City Engineer prior to City Council acceptance and recordation. When an easement is required because of a new development, the developer shall provide the legal description and record the easement. (Ord. 2017-22, Rep&ReEn, 07/05/2017)

13-04-001-0002 Uses

Easements are to be used when the fee title holder deems it undesirable to give up fee title for the described area covered by the easement. In such case, the grantor will continue to pay appropriate property taxes on the area covered by the easement as no fee title has been transferred. City policy is to require easements for utility lines, pedestrian ways, and certain drainageways. Streets, roads and some drainage ways require warranty deeds. (Ord. 2017-22, Rep&ReEn, 07/05/2017)

13-04-001-0003 Types

A. Typical easement purposes are water, sewer, drainage, public utility, sidewalk, walkways, bike paths, urban trails, open space, slope, temporary turnaround, public service access, and temporary construction easements. However, any purpose agreed upon by both parties will constitute valid use. A vehicular no-access restriction may be required by the City, where vehicular access is not appropriate for safety or legal reasons.

B. More than one (1) type of easement may occupy the same ground, but if created at different times, the right and use by the senior grant may not be interfered with by the junior; nor can any easement be used for a purpose other than that recited in the grant.

C. The grantor may make use of the land subject to the easement but shall not interfere with the particular easement use or access thereto.

D. The grantor or successor shall allow the authorized utility company or City representative access to any facilities that lie within the easement.

1. Access is defined as the ability to drive ordinary construction equipment to the facility.

2. In the event that a fence or wall is authorized within the easement, a gate of sufficient width to allow access by ordinary construction equipment may be required.

The gate may be equipped with a City lock interlocked with a lock from the grantor or successor.

E. Permanent obstructions shall not be constructed within, or over the top of, a public utility or drainage easement except with written permission by the City Engineer. Unauthorized permanent obstructions constructed in an existing public utility or drainage easement shall be removed by the property owner at their expense.

1. A permanent obstruction is defined as any wall (including a trash enclosure), any fence that lacks panels that are removable by hand utilizing only simple hand tools, a retaining wall of any height or type (including stacked rock, railroad ties, interlocking masonry, landscape timbers, etc.), sport courts, shade structures, sheds, signage not easily removed with hand tools, or any part of a building or structure that requires a building permit. Trees and other large plantings are classified as permanent obstructions where such plantings would restrict access within the easement. Exceptions may be granted for certain permanent obstructions, particularly at property lines where the easement on both sides of the permanent obstruction is otherwise accessible and the obstruction is generally placed perpendicular to the easement.

F. If a facility must be repaired, maintained, or reconstructed, and an allowable feature has been constructed over the easement, the City may require the property owner to remove the feature in order for the City to make the repair, perform maintenance, or do reconstruction.

1. Allowable features that may be placed in easements shall not interfere with drainage or access within the easement. Examples of features that ordinarily would be allowable include curb and gutter, pavement, sidewalks, landscaping and lightweight fences with removable panels such as wood, iron or certain wire/chain link designs and which are generally perpendicular to the easement (other than drainage easements). Fences are not allowed across drainage easements with open channels. Removable fences with minimum eight (8) foot gates are permitted across drainage easements with underground storm drains.

2. The property owner may reinstall the feature at the owner’s expense.

G. If the City requires a property owner to remove a permanent obstruction or allowable feature under subsection (E) or (F) of this section and the structure is not removed in a timely fashion, the City shall have the right to remove the structure and charge the property owner for this effort.

H. Private services shall not be installed in a public easement or right-of-way parallel to the easement or right-of-way.

I. No grading other than minor leveling or surface amendments shall be made within any easement that could affect drainage or cover over subsurface facilities without written approval from the City Engineer.

J. An easement does not become void or nonexistent if it ceases to be used for the purpose for which granted unless the grant carries a limitation to that effect.

1. An easement can be of a temporary nature and cease to exist at the time specified on the grant. An example would be a construction easement adjoining a permanent easement or a turnaround to be abandoned when the street is extended. (Ord. 2017-22, Rep&ReEn, 07/05/2017; Ord. 2024-13, Amended, 04/16/2024 (Res. 2024-15))

13-04-001-0004 Location

When construction plans indicate roadway fill slopes, which extend beyond the limits of the right-of-way, then a slope easement will be required for those areas.

A. Public utility easements shall be a minimum of twenty (20) feet in width and provide access across lots and/or along rear or side lot lines where necessary; when water and sewer lines are in the same easement the minimum width shall be twenty-six (26) feet. When a water service or fire hydrant is located adjacent to, but outside of, the right-of-way or public utility easement (PUE) a PUE shall be extended to accommodate the appurtenance. The minimum dimensions of the PUE shall allow for three (3) feet of clearance from all sides of the appurtenance. Drainage easements shall be in accordance with City of Flagstaff Stormwater Management Design Manual.

B. Each cul-de-sac shall have provisions for a twenty (20)/twenty-six (26) foot wide easement to an adjacent street or to property lines to allow for future utility and pedestrian extension.

C. Drainage easements shall be provided conforming substantially with the lines of any watercourse, drainage way, channel, stream, or river, and sufficient in width to convey the runoff of the design storm with the required freeboard and maintenance access. Additional easement requirements may also apply as required by the City of Flagstaff Stormwater Design Manual. (Ord. 2017-22, Rep&ReEn, 07/05/2017)

13-04-001-0005 Easement Conveyance by Other Than a Final Plat

Items required for a valid conveyance are:

A. A legal description and exhibit drawing in accordance with Section 13-03-002-0005 prepared and sealed by a registered land surveyor and accepted by the City Engineering Section.

B. An executed easement document that has been reviewed and accepted by the City Engineer.

C. If a business entity is the owner, provide the name of the officers or agents, who are authorized to execute the instrument(s) on behalf of the entity.

D. All easement conveyances shall be approved by the City Engineer and then signed by the property owner (and recorded) prior to construction plan approval. (Ord. 2017-22, Rep&ReEn, 07/05/2017)