24.02.160 Water easement requirements.
A. When Required. An easement is required whenever:
1. A public water facility will be built on private property;
2. A private water facility will be built on property owned by a different private party; or
3. A private water facility will serve two or more properties.
B. Requirements. All of the following requirements shall be met before the utility will accept, approve, or execute an easement:
1. Clear title in the grantor shall be demonstrated;
2. The proposed easement shall be compatible with utility clearance standards and setback standards and with other utilities, structures, buildings, or easements. The utility may require the easement to exclude other utilities and uses if necessary to protect the public water system and shall contain provisions for long-term maintenance;
3. The easement shall provide access to the facility for repair and maintenance. When deemed necessary by the utility, the easement shall contain provisions for long-term maintenance;
4. The easement shall prohibit all buildings and structures within the easement area except those which can readily be removed, as determined by the utility, by the property owner at the owner’s expense when access to the water facility is required by the utility. If such buildings or structures are within the easement area, an agreement with the utility to have the owner remove the building or structure upon request by the utility, approved by the city, shall be recorded; and
5. The easement dimensions and other requirements shall be consistent with the engineering standards.
C. Costs. The property owner shall pay all costs of providing or obtaining and recording the easement.
D. Relinquishment of Easement. An easement granted to the utility may be relinquished only if the utility determines it is no longer needed and the city council authorizes the relinquishment. (Ord. 5963 § 1, 2010.)