Staff recommends that City Council accept the Perpetual Right-of-Way Easement from Development 55 LLC and Frontier Services.

As part of the development of the recently annexed area south of I-90, proposed to be developed as the Coca-Cola bottling facility, water and sewer mains will be extended by the Developer to serve the facility.  A water main and sanitary sewer main will be constructed, generally to the west from East Lane to Parcel 11A of Certificate Survey 1391, located along Harnish Boulevard (the proposed Coca-Cola bottling site).  A portion of the water and sanitary mains are proposed to be located along the south side of Certificate of Survey 234 Second Amended Tract 6-A-1 and the unplatted parcel south of Tract 6-A-1.  The parcels are owned by Development 55, LLC and Frontier Services.  City staff has reviewed this portion of the route for the water and sanitary sewer mains.  Both property owners have agreed to grant to the City a 60-foot wide perpetual access and utility easement through their property for the construction of the water and sanitary sewer mains.  In addition, the easement will allow the City perpetual access to maintain the water and sanitary sewer mains.

The City Council may:

• Approve the easement; or
• Not approve the easement. If not approved, the Developer will be required to propose a different route for the water and sanitary sewer mains which would increase the cost of construction considerably.

There is no cost to the City for acceptance of the easement. However, because the City is paying for the cost of material oversizing of the mains in accordance with City compensation policy, the cost to the City for an alternate route would increase if the easement is not accepted.