Staff recommends that Council approve of the quitclaim deed to Todd and Michelle Vralsted.

Certificate of Survey 592, located west of 37th Street West and north of Rimrock Road, was platted in 1953.  The plat shows a 30-foot wide easement for a proposed road along Tracts F, G, H and I. 37th Street West was constructed in the easement fronting Tracts F, G, H and a portion of the frontage along Tract I. Tracts F, G, and H dedicated the easement as public right-of-way through a subdivision plat.  Subsequently, 37th Street West was platted and constructed turning eastward, rather than running directly north up into the Rims.

The property owners of Tract I, Todd and Michelle Vralsted, are proposing to construct out buildings over the easement on their property.  These buildings will be on a portion of the easement that is not utilized for 37th Street West and where there is no need for public use.  There is a question of whether the original easement was for the benefit of the properties in Certificate of Survey 592 or for the public.  For this reason, City legal staff recommended that the City quitclaim its interest in the northern portion of the easement that is not used for public use for 37th Street West.  In summary, as a result of this Council action, the City would maintain interest in the southern portion of the easement, and quitclaim interest in the northern half at the point where 37th Street west veers east and the easement is unnecessary.  Attached is a copy of the plat for Certificate of Survey 592, and exhibit showing the easement area, and the quitclaim deed.    

City Council may:

• Approve the quitclaim deed; or,
• Not Approve the quitclaim deed.  This may stop the property owner from being able to develop on their property where the easement exists or require a different development plan.  

There is no fiscal impact to the City with approval of the quitclaim deed.