HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 01/21/1992 PUBLIC WORKS COMMITTEE
JANUARY 21, 1992
PRESENT: JIM WHITE CAROL MORRIS
LEONA ORR MR. & MRS. RUST
GARY GILL
Emkay Development - Release of Easements
Gary Gill reviewed that the City had approved a street vacation in
1966 and had reserved rights for utility easements. The owner is
now asking that the City release the easement conditions. They
have agreed to pay the City half the appraised value of the
property. Jim White asked if this complies with State law. Carol
Morris indicated that the City's ordinance on street vacations does
not comply with State law. She is currently amending that. State
law says that if we pay full value for a piece of property when
vacated we have to receive full value. This situation is to
release a reservation for easements. We are not releasing
easements. Jim White stated he wondered if 50% of fair market
value was enough. Morris responded that State law does not set a
value. State law does set the price you ask for vacation of
property but not for reservations. The vacation statute states we
can vacate on whatever terms we want including reimbursement of the
fair market value and we have the option to reserve easements for
any future utilities. Carol Morris continued that in 1989 we had
agreed to half the appraised value as recommended by the Property
Manager in this instance. That is apparently consistent with past
' practices. Morris stated she had indicated to the attorney for the
current owners that we would use a current appraisal to determine
fair market value.
Jim White asked who the principals of Emkay are. He felt it was
important to know to avoid any possible conflict of interest for
the Council members. That information was not available but will
be provided.
The Committee unanimously recommended approval of the release of
the reservations.