Department of Utilities
Reference: An Ordinance Vacating a Certain Non-Exclusive Permanent Easement for Wet Utilities
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Scott Olsen, Director of Utilities
Date Prepared: August 1, 2025
PURPOSE
Requesting City Council approval of an ordinance vacating a non-exclusive permanent easement located in the proximity of S 27th Avenue and Eagle Boulevard.
BACKGROUND / DISCUSSION
This easement was dedicated to the City from Prairie Center (THF Prairie Center Development, LLC) in 2010 for a 24” potable water main.
As a part of the Lutz Non-Potable Reservoir project, the City designed a non-potable water main in the same existing utility easement. During construction of the non-potable main, it was determined the potable water main was not actually constructed in the existing easement and the proposed non-potable water main was obstructed by structures/other improvements on the property.
The property owner has agreed to dedicate a new 30’ easement for both the potable and non-potable water mains. This existing and new easement go around an existing house located at the southwest corner of South 27th Avenue and Eagle Boulevard. The original easement agreement from 2010 requires the City to abandon this “roundabout” portion of the line that goes around the house and reconstruct the line parallel to S. 27th upon 30 days’ notice to the City. The new easement agreement will have these same requirements.
STAFF RECOMMENDATION
City staff recommend approval of the ordinance vacating the existing easement, which contains no public infrastructure.
OPTIONS FOR COUNCIL
• Approve the ordinance as drafted
• Approve a modified ordinance
• Deny the ordinance
• Provide further direction to staff
ATTACHMENT
• Ordinance
• PowerPoint Presentation