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Council approves vacation of 2-foot portion of drainage and utility easement at Sapphire Lake lot
Summary
The Farmington City Council held a public hearing and adopted Resolution 2025-06 to vacate a two-foot portion of a 10-foot drainage and utility easement on Lot 4, Block 2, Sapphire Lake 3rd Edition, after staff said the minor encroachment will not affect drainage grades and no resident opposition was raised.
At a public hearing Jan. 6, Farmington city staff explained that Eternity Homes requested a vacation of a two-foot portion of a 10-foot drainage and utility easement along the easterly side of Lot 4, Block 2, Sapphire Lake 3rd Edition (addressed as 2688 13th Street West) so a constructed garage foundation that encroaches by two feet can remain.
Jared (city staff) told the council the applicant built a foundation and later reported the garage encroaches into the easement; he said, “Engineering and planning staff have no concerns with this minor encroachment and are okay with the proposed easement vacation.” The staff presentation included a survey showing the full 10-foot easement and the two-foot hatch area proposed for vacation along the lot line.
A resident, Bob Richardson, asked how the encroachment happened; staff said the survey initially submitted showed a five-foot easement, construction proceeded, and a subsequent review flagged the actual 10-foot easement, prompting the vacation request. The city attorney told the council that approving this vacation would not create a binding precedent requiring similar actions in the future.
After closing the public hearing, the council adopted Resolution 2025-06 vacating the identified two-foot strip along the easement. The motion to adopt Resolution 2025-06 was made by Council member Nick Lien and seconded by Council member Jake Cordes. Roll call responses recorded in the transcript were: Council member Holly Bernatz — yes; Council member Jake Cortes — yes; Council member Lean — yes; Council member Steve Wilson — yes; Mayor Joshua Hoyt — yes. The resolution carried.
Why it matters: the vacation resolves the immediate encroachment without requiring removal of the foundation, and staff said it will not change neighborhood drainage flows. The council and city attorney emphasized that similar future requests will be considered on their merits.
The council asked that the applicant be notified; no applicant representative was present. The city will record the vacation per statutory procedures if the adopted resolution is implemented.
