§ 74-67. Public easement.

A utility line shall not be installed under the provisions outlined in this division or accepted by the city for operation and maintenance unless such utility line is located in a public right-of-way or easement of a minimum width of 15 feet. Conveyance of any easement shall be by separate document in recordable form to be approved by the city, and shall be accompanied by a written certification by an attorney licensed to practice law in the state that the developer is the owner in fee simple of the property to be conveyed by the easement and that upon execution of the easement by the developer, a valid and enforceable easement in the developer's property shall be vested in the city above the interests of all others. Utility lines to be owned and operated by the city shall not be installed under any building or appurtenance thereto. Utility lines shall be installed on the centerline of the easement, wherever possible. As a condition of receiving service, the city may require a person to dedicate such easements as are necessary to accommodate sewer lines. Such easements shall extend along the entire frontage of the property to facilitate the extension of lines to other properties.

(Ord. No. 97-5, § 7, 12-18-1997)