CCP 11-29-1993 - Laserfiche WebLink

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. 'IO: Brian Fritsinger Fran: Jim Hanten and Carrie Hefte Re: Vacation of Easement! 3945 Rolling Hills Road Request: Vacate that twenty foot wide "utility easerrent" identified on that plat drawing recorded as Ilocturent No. 1431532 (see attachment A). Background: 'Ibis subdivision was platted in 1957. Lot 7,Block 29, Rolling Hills No.6, is located at the intersection of Gramsie Rd. and Rolling Hills Rd. In 1990, the fanner owner, Jerry Mansergh, applied for a minor subdivision in order to split the lot. The city approved that application in caseil90-06. (see attachment B). One of the conditions was that the proposed residence be placed west of the point where the new lot was 95 feet wide. 'Ihe =rent plat does Nor show any utility ease.rnent. 'Ihe new lot was purchased by Jim Hanton and Carrie Hefte in March, 1992. Construction carrnenced in July,1992. Neither the builder,the surveyor, nor city staff discovered any utility easerrent relative to the site location of the new home. (see attachment C). At the time of closing the pemanent loan in December, 1992! the title cCIllpa11y discovered a plat drawing from 1957 which reflected a utility easement :running north and south across the new lot. City staff and the city attorney investigated and could find no record of this easerrent nor any cu=ent or future use for such an easement. 'Ihe tilee canpany issued title insurance upon the condition that this . possible title cloud be vacated. Justification: City staff have researched this easement and have established that there is no public need liar it. All properties have full public utilities available in the street. 'Ihis utility easarent creates a cloud upon our property which renders it unrrarketable. In addition, the only buildable site on the lot as allowed by the city was right in the middle of this easement. No public purpose would be benefitted by refusing to vacate this easement which now runs through our home. , -- . -