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Planning Commission recommends vacating old Main Street easement north of Canyon Center Drive, conditioned on replacement easement
Summary
The commission voted to recommend vacating an obsolete utility easement north of Canyon Center Drive after the applicant establishes a new public utility easement and pays to relocate any discovered utilities; the council will need to hold a public hearing under state code.
The Planning Commission on April 15, 2025 voted to recommend that the city vacate an old public utility easement on Main Street north of Canyon Center Drive, contingent on establishing a replacement easement and confirmation that no utilities currently occupy the old easement.
Dan Roberts, representing JMT Enterprise/Watson Engineering, explained that portions of the state road right-of-way had changed and the old easement needed to be moved to align with the current right-of-way. Roberts said the request seeks to vacate the old easement and establish the public utility easement adjacent to Main Street where it now belongs.
Staff said the utilities that inspected the site "did not have anything there," and that Watson Engineering was verifying whether any utilities occupy the old easement. Staff and one commissioner noted typical practice is to vacate the old easement only after the new easement is legally established, and to require the applicant to relocate any found utilities at the applicant’s expense. A commissioner also asked staff to include the small corner triangle of right-of-way on Canyon Center Drive in the recommendation; the motion was amended accordingly.
The commission also noted that under state code the city council must hold a public hearing on vacating right-of-way or easements; staff said the commission is not required to hold a separate public hearing but should forward its positive recommendation to the council with the condition that the new easement be recorded and that any utilities be relocated at the applicant’s cost.
A motion carrying the two conditions — establishment of the replacement easement and relocation of any utilities at the applicant’s expense — plus inclusion of the small corner triangle, was seconded and approved on a voice vote ("Aye"). The commission’s recommendation will be forwarded to the city council for the required public hearing and final action.
