Adopt Resolution #19-060 Authorizing Execution of Quit Claim Deeds and Easement Agreements to Resolve Potential Title Issues on Ute Street (north of 179th Lane)

When Ute Street, north of 179th Lane, was reconstructed in approximately 2010, a Road Right-of-Way Plat was completed to obtain the necessary land for the street and stormwater facilities in fee-title.  The intention of Road Right-of-Way Plat No. 1 was to acquire the necessary road right-of-way and to dedicate a permanent, ten (10) foot wide drainage and utility easement on private property. Drainage and Utility Easements are standard on private property, allowing for proper drainage and utilities such as water, sewer, gas, electric, phone, and internet.

Specific to the transfer of Drainage and Utility Easements, it appears that these easements were transferred as fee title parcels, rather than easements over existing property. By transferring fee title of the land intended to be encumbered by drainage and utility easement to the City, the lots along Ute Street technically no longer have legal, direct access to the public road.  Staff is proposing to correct this issue by executing Quit Claim Deeds to transfer fee title of these strips of land back to the respective property owners while simultaneously reserving rights for drainage, utility, and in some instances road right-of-way via an easement as originally intended.

This is being handled as part of Staff's regular duties.

Staff recommends approving Resolution #19-060 authorizing the execution of Quit Claim Deeds and Easement Agreements related to the previous Ute Street Reconstruction Project, contingent upon review and approval as to legal form by the City Attorney.

Motion to adopt Resolution #19-060 authorizing the execution of Quit Claim Deeds and Easement Agreements related to the previous Ute Street Reconstruction Project, contingent upon review and approval as to legal form by the City Attorney.