Sections:
13-04-001-0001 City Action
13-04-001-0002 Uses
13-04-001-0003 Types
13-04-001-0004 Location
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.
1. The grantor may make use of the land subject to the easement but must not interfere with the particular easement use or access thereto.
2. The land owner must allow the authorized utility company or City representative access to any piping and/or appurtenances that lie within the public utility easement.
a. Access is defined as the ability to walk to the piping and/or appurtenance.
(1) In the event that no access is available from the installation of a nonedifice, a gate, four (4) feet, zero (0) inches minimum in width, may be required to be installed that will allow access.
(2) The gate may be equipped with a City lock interlocked with a lock from the private resident.
3. No permanent structures will be allowed to be constructed within, or over the top of, the public utility or drainage easement.
a. A permanent structure is defined as a masonry fence (including trash enclosures), or any part of a building or structure that requires a building permit.
b. A nonpermanent structure is defined as a wooden or chain link fence, curb and gutter, parking lot, landscaping, and buildings or structures that do not require a building permit.
c. In the event that the pipe and/or appurtenance must be repaired, maintained, or reconstructed, and a nonpermanent structure has been constructed over the easement, the City may require the property owner to remove the nonpermanent structure in order for the City to make the repair, perform maintenance, or do reconstruction.
(1) The property owner may reinstall the structure at the owner’s expense.
d. In the event that the pipe and/or appurtenance must be either repaired, maintained, or reconstructed, and a permanent structure has been constructed over the easement, the permanent structure must be removed by the property owner in order to complete the repair, maintenance, or reconstruction and may not be reinstalled.
e. In the event that the structure, either permanent or nonpermanent, is not removed immediately, the City shall have the right to remove the structure and charge the property owner for this effort.
f. Private services shall not be installed in a public easement or right-of-way parallel to public utility lines.
C. 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.
D. 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. One (1) 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)
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)