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Developer seeks closure of utility and stormwater easements in Smith Farm Village; staff advises council
Summary
A developer requested closure of two utility easements and a portion of a stormwater drainage easement in the Smith Farm Village Block 8 area (lots at 9311 and 9331 North Garnett Road); staff said utilities and franchise holders were notified and recommended the closures proceed to district court if council approves.
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Planning staff presented a request to close two utility easements and a portion of a stormwater drainage easement within Block 8 of Smith Farm Village, covering Lots 1 and 2 (9311 and 9331 North Garnett Road).
Staff said the plat for Smith Farm Village Blocks 7–11 was approved in 2021 and filed in 2022; subsequent lot-line adjustments (identified in the presentation as OLLA 24‑0325‑01) reconfigured lot lines and prompted the developer to ask that the existing easements be closed so they can rededicate new 10‑foot utility easements aligned with the revised lot lines. Staff said the stormwater drainage easement was dedicated in February 2007 but that drainage infrastructure has been relocated and reengineered, so the existing drainage easement is no longer needed for the developer’s work.
All franchise holders and utility companies were notified, and staff said the city’s public-works department reported no expected impacts to future utilities or stormwater drainage. AT&T’s comment in the packet noted no facilities in the proposed closure area. Staff advised that, if council approves the requested closure, the applicant must go to district court to vacate the easements to fully remove them from records, and staff said the matter will appear on the May 20 council agenda as two ordinances.
Councilors asked whether utilities existed in the easement corridor (staff: mostly not, because the lots are undeveloped), about timing relative to filing new plats and whether approvals would be required before building permits are issued (staff: building permits can be held pending the new easements filing). Staff added that utility holders typically receive TAC notices and review the lot-line adjustments.
Ending: Staff will place the easement‑closure ordinances on the May 20 council agenda for formal consideration.
