Consideration and Adoption of Ordinance No. 2018-03:  An ordinance of the City Council of the City of Flagstaff, Arizona, to abandon a waterline easement recorded in the records of the Coconino County, Arizona, Docket 172, Pages 385-386, which crosses under and over a property located at 3735 N. Kaspar Drive, and to record a new waterline easement at the property, and establishing an effective date.  (Abandonment of waterline easement, and recording corrected waterline easement )

A Waterline Easement was granted to the City of Flagstaff, Arizona, a municipal corporation in Docket 172, Pages 385-386, Records of Coconino County Arizona. The legal description is incorrect and does not follow the actual waterline.  A survey of the actual waterline has been performed and a new legal description has been created to identify the correct location of the waterline. The City has obtained a new easement from the current property owner with the correct legal description of the waterline and will record such waterline easement in place of the abandonment.

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Council Goal:
TRANSPORTATION AND OTHER PUBLIC INFRASTRUCTURE
Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system.
Regional Plan, Goal WR.4:  Logically enhance and extend the City's public water...including their treatment, distribution, and collection systems.....(in relevant part)

Discussion and first read of this ordinance was held at the Regular Meeting of December 19, 2017.

Adopt the Ordinance to abandon the waterline easement in Docket 172, Pages 385-386 and replace with a new waterline easement on the property. 

 

The City received the waterline easement on June 2, 1901, from Land Title and Trust Company, an Arizona Corporation and recorded in Docket 172, Page 385-386.  The Water line Easement was for the purpose of installing, constructing, maintaining, operating, inspecting a repairing a waterline or lines lying beneath the surface of the property.  The legal description reference in the document does not accurately describe the physical location of the waterline.  The property was recently surveyed  by the private property owner. The property owner presented an ALTA Survey to the City which showed that easement was located under the building.  City staff reviewed the survey and confirmed that what was shown on the ALTA Survey was not the actual location of the waterline.  The actual location of the waterline  is on the east property line.  The City obtained a survey to confirm the easement's location.

 It is important for a legal description to accurately describe the physical location of the City's waterline. By approving this ordinance the City will abandon the easement with the incorrect legal description and record the easement with the correct legal description identifying the actual easement location. This will create an accurate record of the location of City infrastructure.

 Providing accurate records of the location of City infrastructure.