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Council approves ordinance abandoning city right-of-way, conditioned on PEC confirmation
Summary
Council adopted Ordinance 51062325 to abandon a right-of-way affecting Heritage Grove Road and Birchham Oaks Phase 1, contingent on confirmation from PEC that its blanket easement has been abandoned.
The council approved Ordinance 51062325 to abandon a city right-of-way affecting lots along Heritage Grove Road and the Birchham Oaks Phase 1 subdivision, but did so with an explicit condition: staff must receive confirmation from PEC that its blanket easement has been abandoned or released. Staff and council members flagged uncertainty about whether PEC’s easement still encumbers the plat; the city asked the project engineer to provide PEC’s confirmation before recordation.
Richard Pham, the civil engineer on the project, told the council he had spoken with PEC and said the blanket easement had been abandoned as utilities were removed and that the firm could provide written confirmation. "And so, that's what the confirmation we received from PEC, and we can provide that as well," Pham said. Council moved to adopt the ordinance conditioned on PEC’s written acknowledgment; the motion passed on a voice vote.
