(a)
The purpose of a release of easement is to nullify a portion or the entire easement established by a previously recorded plat or by separate instrument. A release of easement may be initiated by the respective lot owner(s) or by the city.
(b)
The applicant shall submit a release of easement application to the Engineering Department. The application shall contain release forms signed by all owners and entities authorized to use the easement, a written letter of justification to explain the intent and reason for the proposed release, a metes-and-bounds description and sketch of the proposed area to be released and signed by the owner of the land requesting the city to vacate the easement, in order to release all or a portion of an easement, including but not limited to a public utility easement, drainage easement, conservation easement, public access easement or combination public easement.
(c)
The Director of Engineering or his/her designee shall review and recommend approval or disapproval of the release of the easement. If the request is approved, then the city engineer shall prepare a report to the City Manager informing the City Manager of the administrative action on the release of easement. The request will also require the approval of the City Manager.
(d)
If recommended for approval by the City Manager, the easement shall be released when all owners and entities authorized to use the easement sign and acknowledge a release form, and the release of easement instrument declaring the easement released is recorded.
(Ordinance CO42-07-07-12-3I adopted 7/12/07)