Chapter 4.06
CONVEYANCE OF PUBLIC UTILITY EASEMENTS
Sections:
4.06.010 Title, purpose, and definitions.
4.06.020 Request for transfer or modification.
4.06.030 Evaluation of request.
4.06.040 Determination by the city manager.
4.06.010 Title, purpose, and definitions.
A. This chapter shall be known and may be cited as the “conveyance of public utility easements ordinance” and may also be referred to herein as “this chapter.”
B. Pursuant to the provisions of ORS 221.725, prior to the sale of any interest in real property the city is required to hold a public hearing and consider various aspects of the sale. ORS 221.727 alternatively permits the establishment of a procedure for the sale or transfer of any interests in real property of an identified class instead of holding a public hearing on each individual transaction. This chapter is intended to delegate and vest in the city manager power and authority to transfer the city’s interests in certain classes of city owned property or property interests without the need to conduct a hearing.
C. For purposes of this chapter the following definitions apply:
“City manager” or “manager” is the city manager for the city of Lincoln City or any person designated by the city manager for purposes of carrying out the duties required of such person.
“Public utility easement” is an interest in real property which is held by or granted to the city or the public for the limited purpose of allowing installation, construction and/or maintenance of public utility facilities. (Ord. 2013-06 § 1)
4.06.020 Request for transfer or modification.
A. Any person or persons holding fee title to real property which is subject to a public utility easement may request the transfer of, or modification of, or extinguishment of, the easement by the city. The city manager, with the concurrence of the city attorney, may also initiate such a request but may not proceed without the concurrence of the fee title owner. The city manager shall not process such an application without competent evidence of ownership of fee title provided by the applicant (or multiple applicants, if divided ownership). Evidence such as a title report and deed records may be used. Records of the county assessor’s office may be used but alone shall not be sufficient to determine the holder of fee title. A contract purchaser or someone with equitable interest alone in the property may not request transfer, modification or extinguishment.
B. The city manager may establish an application fee of not less than $250.00 to be charged for the processing of the application. City-initiated applications shall not require a fee.
C. The applicant shall submit information requested by the city manager that the manager finds necessary or helpful in making a determination on the application. (Ord. 2013-06 § 1)
4.06.030 Evaluation of request.
A. The city manager shall consider whether the easement sought to be transferred, modified or extinguished is “not needed for public use” or whether the requested transfer, modification, or extinguishment “furthers the public interest.” Relevant factors to be considered include, but are not limited to:
1. The need of the city or a utility provider for the public utility easement or any portion thereof. The manager may require the applicant to provide submission of letters of no objection from appropriate utility providers. If a utility provider objects a hearing shall be required as provided in ORS 221.725.
2. Existing utility facilities within or near the easement. The manager may require locations of existing utilities to be requested by the applicant.
3. Future plans for development or for extension of utility services within or near the easement. The manager may require copies of facilities plans to be submitted by the applicant.
4. Topography and lateral support of the easement and of surrounding area. The manager may require topographic surveys be provided by the applicant.
5. Development proposals for the applicant’s property or any nearby property. The manager may require copies of all approved plans and permits for the property.
6. Appropriate consideration to be provided in exchange for the transfer, including specifically grants of alternate easement or fee title to property. Exchanges of easements are encouraged so that easements more accurately reflect the facility maintenance and access needs of the city. (Ord. 2013-06 § 1)
4.06.040 Determination by the city manager.
A. If the city manager is satisfied after consideration of the evaluation criteria and factors and the best interests of the public that there is no need to retain all or a portion of the public utility easement, the city manager may transfer, modify or extinguish the easement, or a portion thereof, by quit claim deed, or by other written instrument, in a form approved by the city attorney. The city manager may transfer the property interest conditioned upon the satisfaction of conditions under which the public interest may be better served.
B. If the city manager’s decision is to grant the request, a written decision is required. If the city manager’s decision is to deny, modify or condition the request, then the applicant shall be provided with the written decision, including the reasons for the denial, modification or conditions. (Ord. 2013-06 § 1)
4.06.050 Appeal.
Only the applicant may appeal a decision of the city manager to the city council. A decision of the city manager shall be final, unless an appeal is timely filed in accordance with Chapter 1.26 LCMC, the uniform administrative appeals ordinance. (Ord. 2013-06 § 1)
4.06.060 Report.
The city manager shall biannually report to the city council on the conveyances performed pursuant to this chapter. (Ord. 2013-06 § 1)