There is currently a 24-inch sanitary sewer main installed through the common area of Morningside Homes. There is a 20-foot wide easement, granted in 1965, that allows the City to construct, reconstruct, maintain, repair, and replace the underground line(s). W.O. 04-12 involves relocating the channel of Alkali Creek and reconstructing the adjacent slopes in this area. There is an existing manhole, the point at which Morningside’s service line taps into the main, that is located well inside the construction limits of W.O. 04-12. With the new slopes around this manhole, it has been determined that the City will not be able to adequately and safely access the manhole to perform routine maintenance. To alleviate this problem, it is being proposed to install three new manholes (two to intercept the main line and one to provide Morningside’s service tap) at the top of the new slope and install approximately 200 feet of new sewer line between the new manholes. This replacement line lies outside the existing easement. A proposal is being presented to Morningside Homes to amend the 1965 easement to vacate the area of the existing line and manhole to be removed and reestablish the easement over the new replacement line.

Unknowingly, a swimming pool and fence have been constructed over the existing sewer line and associated easement. The 1965 easement allows the City to right to remove trees, bushes, undergrowth, grass, fences, and other obstructions interfering with the location and maintenance of the respective pipe line(s). There have been no problems requiring the obstructed line to be maintained up to this time. However, the City must go outside the established easement to access manholes to the west that do require routine maintenance. Instead of making the homeowner remove or relocate the pool and fence, the City is proposing expanding the easement (in this area only) to allow access around the obstructions. The City still reserves the right to remove the fence and/or pool in the event the line underneath must be accessed. The expanded easement will be included in the easement amendment proposed above.

Attached Exhibit ‘A’ is the original 1965 easement, and Exhibit ‘B’ is a plan view sketch of the proposed changes. To keep the construction of W.O. 04-12 on or nearly on schedule, the proposed work must be started very soon, and the work cannot be started without the easement being amended. The formal amendment, including legal descriptions of the new and expanded easement, is being prepared to be presented to Morningside Homes after this Council meeting date.

Council may:

• Approve the proposed easement amendment, and pending approval from the City’s Legal Staff and Morningside Homes, allowing construction of W.O. 04-12 to proceed on schedule, or;
• Do not approve the proposed easement amendment, potentially causing substantial delays in the W.O. 04-12 construction, which could adversely affect the City’s ability to receive the full amount of an ARRA grant being used to fund the project.

There is no cost associated with the proposed easement amendment.

Staff recommends that Council authorize the Mayor to execute the proposed amendment to the 1965 easement with Morningside Homes.