I think we all understand the concept of a parcel of
property known as a lot. Properties are
subdivided from larger pieces to smaller ones to provide for development. This process is called “Platting” and the
outcome is a lot in a block of a subdivision.
So you end up with something like Lot 5, Block 2, Sunrise Development as
an example.
The subdivision process requires certain things to be
accomplished such as having all lots abutting a right-of-way so they have
access. The lots also would need to meet
the minimum size for the zoning district.
Other requirements are in the mix as well. One requirement that is seen in most cities
is that of drainage and utility easements.
Commonly these are abutting property lines between lots. These are platted along with the lots,
appearing on the plat, typically within the setbacks so no buildable area of
the lot is lost. In other words if you
have a 10 foot side yard setback and you have a 6 foot drainage and utility
easement along the property lines the easement does not disrupt the lot as the
setback is greater than the easement.
Combined in this example there would be a 12 foot utility and drainage
easement between two lots.
In Breezy Point lots were not platted with these
easements. I can only speculate as to
why they were not required, except to say the ordinances did not require
them. One reason that may have come into
play was the idea that a property purchaser could buy more than one lot,
combine them, and not have to deal with the vacation of the utility easements
between the lots. Vacating the easement
is a formal process that can be time consuming. From a city perspective the lack of these
types of easements creates problems in dealing with instances of drainage or the
ability to extend utilities between lots.
Having no easements for these purposes means establishing an
easement becomes more difficult. There
is nothing to work with so a new easement would have to be established across
private property. Having some easement
will allow for the use of the existing area with just a little more from the
abutting property owner.
The project proposed for Whitebirch Drive and Creek Circle
requires an easement to install sewer between Creek
Circle and the golf course. In trying to
establish an easement, property owners were reluctant to grant an easement. One property owner inquired about the sale of
their property. Buying the property
allows the city to establish an easement.
Once the sewer line is installed and the easement established the
property can be sold for development.
Upon consideration a conditional purchase was felt to be in
the best interests of the city. The
conditional purchase is subject to the project moving forward with construction
ordered and a contract awarded for the improvements. The City Council approved the conditional
purchase of the lot to make way for the construction of a sewer line.
