24.06.085 Drainage easement requirements.
A. When Required. An easement is required whenever a private drainage facility will be built on property owned by a different private party and whenever a private drainage facility will serve two or more properties that are not in common ownership or that will no longer be in common ownership following the sale of lots in a subdivision. In addition, public drainage facilities, including any drainage facilities that will be publicly maintained, shall be located in public rights-of-way, drainage easements, or tracts acceptable to and deeded to the utility.
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;
3. The easement shall provide for 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 except those which can readily be removed by the property owner at the owner’s expense when access to the drainage facility is required by the utility. If such buildings or structures are within the easement area, an agreement to remove the buildings or structures upon request by the utility, approved by the city, shall be recorded; and
5. The easement dimensions and other requirements shall conform 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. 5905 § 1, 2009.)