Fulton Vacation of easements ordinance (§ 102-115)

(a) Three copies of a petition requesting the vacation of any easement or part thereof shall be filed with the city clerk and signed by all owners of property upon which the easement is to be vacated. The petition shall be accompanied by:

(1) Three copies of a plat (graphic exhibit) of the easement proposed to be vacated that has been prepared by a licensed land surveyor or engineer and contains his/her signature and seal and expiration of license.

(2) A legal description of the easement proposed to be vacated that has been prepared by a licensed land surveyor or engineer.

(3) Area of the easement to be vacated in square feet; and

(4) Non-refundable filing fee as found in the city's schedule of fees. The filing fee shall be used to defray staff time and resources expended upon the easement vacation and if approved, any recording fees incurred for the recording of the easement vacation.

(b) City engineer shall review the easement vacation request and effect on city owned utilities that may be located within the subject easement and prepare an advisory report and submit it together with the easement vacation application to the city council.

(c) It shall be the petitioner's responsibility to obtain prior approval of any non-city owned utilities that may be located within the easement to be vacated. Approval by these utilities shall be indicated by signature blocks on the vacation exhibit with a notary seal which, by way of example, should read as follows:

I, ___________, the authorized representative for ___________, have reviewed the petition to vacate the utility easement as shown in this exhibit, and, having no existing utility infrastructure or any need to place future utility infrastructure in said easement, have no objection to the utility easement being vacated.

Dated this _____day of ___________, 20_____.

___________(Seal)

(d) The ordinance to vacate any easement shall include the legal description of the easement to be vacated with the total area of the vacation to be noted in square feet.

(e) The city council shall review the easement vacation request and advisory report of city engineer. The city council shall decide by resolution whether to grant or deny the requested easement vacation.

(f) The petition to vacate an easement shall not be approved unless the city council determines that:

(1) The proposed easement vacation is not utilized as an access easement for access to easements or maintenance and management of existing facilities or utilities;

(2) The proposed easement vacation is not utilized as drainage easement or an overland flow path;

(3) The proposed easement vacation is not required for the future extension of utilities within the development or to surrounding properties;

(4) The easement vacation, if granted, will not materially impede implementation of the municipal comprehensive plan including the official map; and

(5) The easement has been determined to not be needed be any other non-city utility provider as indicated by signatures provided by the appropriate non-city utility representative on the vacation exhibit.

(g) A copy of the city council decision to approve an easement vacation and the graphic exhibit depicting the easement to be vacated shall be recorded with the county recorder of deeds.

(h) A copy of the recorded easement shall be attached to the final plat on file at the city public works office.