§ 2.42.080. Grant of easements.

The City is authorized to grant temporary and permanent easements, including equitable servitudes and right-of-way interests, for access to or use of City real property. This shall include the grant of negative easements such as conservation easements. Per Section 219(6) of the Charter, all such grants must be authorized by an ordinance enacted by the City Council, except as provided for below.

Notwithstanding the above, the City Administrator is delegated the full and complete authority to grant any temporary or permanent easements for access to or use of City real property without Council authorization in any of the following circumstances:

1.

The grant of easement is required by an agency of the state or federal government;

2.

The easement area is less than five thousand (5,000) square feet;

3.

The easement has a fair market value of one hundred thousand ($100,000.00) or less; or

4.

The easement period is for one year or less.

The City Administrator or his or her designee is authorized to negotiate and execute all documents necessary for the grant of such easements and take other actions necessary to complete such grant. No further City Council action is required for the grant of such easements.

Any grant of easement must be in exchange for a price, payable in cash or other consideration, equal to or exceeding the fair market value of the easement conveyed as determined by an appraisal, unless (1) the City Council has made a finding and determination that the grant of easement for less than fair market value is in the best interests of the City, or (2) a state or federal government agency requires the grant of easement for less than fair market value.

(Ord. No. 13287, § 3, 1-6-2015)