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Council hears staff recommendation to partly vacate detention-pond easement on Hillcrest Drive

Montrose City Council · August 3, 2026
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Summary

City staff recommended reducing an oversized detention-pond easement at 1841 South Hillcrest Drive so an owner can formalize improvements outside the pond footprint; staff said HOA maintenance and restricted access make the surplus area unnecessary and proposed ordinance-based vacation.

City staff explained a private request to reduce the size of a city drainage easement around a neighborhood detention pond on Sunrise Creek near Niagara and Hillcrest. The applicant paid for survey work showing the dedicated easement is much larger than the actual pond footprint; staff said the homeowners association handles maintenance and that the city sees no need to preserve the excess acreage.

Scott Murphy told council the standard practice for vacating a dedication is to proceed by ordinance (first and second reading) and then finalize a quitclaim-type instrument to transfer the surplus area to adjacent owners while preserving necessary access and utilities. Council and staff discussed how small encroachments (sheds/eaves) historically occur in easements and agreed staff would prepare ordinance language.