Title
RELEASE OF EASEMENT RE-0405-57: CONSIDERATION OF RELEASE OF A PERMANENT ROADWAY EASEMENT ORIGINALLY GRANTED TO THE DOROTHY JANE INGELS TRUST D/B/A INGELS VINEYARD, L.L.C., FOR ACCESS TO PROPERTY LOCATED NORTH OF ROBINSON STREET BETWEEN 24TH AVENUE N.E. AND 36TH AVENUE N.E., APPROVAL OF PAYMENT IN THE AMOUNT OF $5,000, AND APPROPRIATION FROM THE WASTEWATER FUND BALANCE.
Body
BACKGROUND: On April 22, 2003 the Norman Utilities Authority (NUA) approved Contract K-0203-135 with Cardinal Engineering, Inc. to design the lift station and force main associated with the Hall Park Wastewater Improvements. On February 4, 2004, staff received approval for final closure of the lagoons from the Oklahoma Department of Environmental Quality. Closure began in October 2004 and was complete during the summer of 2005.
On May 10th, 2005, the Mayor and Council approved a permanent road and access easement E-0405-57 for The Dorothy Jane Ingels Trust dba Ingels Vineyard, LLC. The Ingels Vineyard, LLC paid $5,000 for the easement to access their 10 acre tract of land that was located at the northeast edge of the City owned property formerly known as the Hall Park Lagoons. Ingels Vineyard, LLC never farmed the site and instead traded it with Dr. Andy Frost for another tract located 1/2 mile north fronting Rock Creek Road in which they established their vineyard.
Since the City land is now used for storm debris and final disposal of lake residuals from the water treatment process, the road has been relocated more to the west to prevent dust from blowing onto Frost Creek neighborhood that is located adjacent to the east.
DISCUSSION: On December 19th, 2014, staff received a letter requesting the road be placed back within the original easement or a refund be given back to Ingels Vineyard, LLC and the easement be vacated.
Staff has met with our legal department and considered the options. It is recommended that the best path forward is to refund Ingels Vineyard,...
Click here for full text