§ 110-203. Easements.

(a)

Utility easements. For subdivisions, easements across lots, fronts, or centered on rear or side lot lines, shall be provided for utilities where necessary and shall be at least ten feet in total width, unless a wider easement is deemed necessary by the city engineer. In no case shall the width of a utility easement containing an underground pipe or facility be less than that calculated by the following formula:

Minimum Easement Width = (2) × (Depth of Pipe) + (Pipe Diameter + 7′)

(b)

Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, channel, pipe, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, drainageway, channel, pipe, or stream, and such further width or construction or both as will be adequate for the purpose, including, without limitation, required maintenance activities. Parallel streets or parkways may be required in connection therewith. Drainage easements between lots containing storm or drainage pipes with an inside diameter larger than 12 inches shall have a minimum width of 30 feet, or larger as determined by the city engineer. In no case shall the width of a drainage easement containing an underground pipe or facility be less than that calculated by the following formula:

Minimum Easement Width = (2) × (Depth of Pipe) + (Pipe Diameter + 7′)

(c)

Pedestrian and service easements. Where indicated in the general community plan and in such other areas as the planning and zoning board and developers may agree, pedestrian and service easements shall be provided. Such pedestrian and service easements may include or be included in easements required under this section.

(d)

Use within easements. Subject to applicable provisions of the code, upon written approval of the city planner and the execution of an approved release and indemnity agreement, fences, walls, landscaping, driveways, and such other non-permanent improvements, as may be determined by the city planner, may be installed, constructed or otherwise placed under, over, and on the easements described in subparagraphs (a) or (b) above by the fee simple owner of the lands subject to said easements. For purposes of this paragraph, swimming pools and buildings shall be considered permanent improvements. The city planner may request that said owner provide a survey depicting the applicable easements and the property boundaries, and a title opinion or such other documentation evidencing that the applicant is the fee simple owner of said lands and may impose such other conditions as may be necessary to protect the purpose of the easement. Notwithstanding the foregoing, any use within said easements shall constitute a license for permissive use only and that the installation, construction or placement of improvements under, over or on said easements shall not operate to create or vest any property rights to any portion of the said easement or otherwise diminish, interfere, or modify the city's use of the said easements or use by other private parties, such as utility companies, to maintain, construct, install or otherwise place or remove improvements within said easements. Further, nothing herein shall be construed as preventing the city from removing or replacing said improvements at the discretion of the city, with or without notice, nor requiring the city to pay any compensation for the improvements therein.

(Code 1988, § 19-133; Ord. No. 05-15, § 2, 2-10-05)