Title
Vacation of Implied Easements Associated with the Residential Properties Affected by the Denver Steels Waterline Replacement Project for Phase II and Phase III
Recommended Action
I move that Council approve the vacation of these easements for Denver Steels Phases II and III water line replacements and I further move that Council authorize the Chair of the County Council to execute Incorporated County of Los Alamos Conveyance and Vacation of an Implied Utility for an Underground Water Utility for the affected properties in a form that is substantially the same as Attachment A to this item.
County Manager's Recommendation
The County Manager recommends that Council approve this vacation of these easements as requested.
Body
The County Code grants Council the authority to sell, lease, exchange or otherwise transfer county-owned real property and interests in real property (Sec. 14-31 (4))
The Department of Public Utilities (DPU) recently completed Phase II of the Denver Steels Waterline Replacement Project using TLC Plumbing and Utility as the contractor. The work was performed to modernize and improve public water infrastructure and ensure compliance with current construction standards.
A major component of this Phase II work included relocating water meter cans that had historically been positioned near residences. These meters were moved out to the property line to align with DPU construction standards and eliminate the need for field crews to enter private property for routine meter reading, maintenance, replacement, or shut-offs. With the meters now located at the property line, all future operational needs can be handled entirely from the public right-of-way.
This relocation also changed ownership responsibilities. Once a meter is positioned at the property line, the service line downstream of the meter becomes the responsibility of the homeowner. During Phase II construction, DPU staff identified multiple galvanized service lines that were corroded and leaking. To resolve this issue, DPU coordinated with the County Attorney’s Office to prepare temporary access forms granting DPU crews permission to enter private property to replace deteriorated lines with new PEX piping.
Property owners were notified that installing new PEX service lines would eliminate the need for any existing implied easements associated with the former waterline configuration. Attachment A documents this change. Prepared by the County Attorney’s Office, Attachment A is the formal agreement signed by each affected property owner. It acknowledges that the newly installed PEX service line-from the former meter location to the residence-is now fully owned and maintained by the property owner. Any future repairs, maintenance, or replacement of this line are the sole responsibility of the homeowner.
Attachment A also formally vacates and extinguishes the prior implied easement associated with the former waterline alignment. With execution of this agreement, the County no longer retains responsibility for the retired line segment or the new PEX service line installed on private property.
Looking forward, DPU anticipates encountering the same conditions during Phase III of the Denver Steels utility work scheduled for next year. During that phase, DPU will again need to relocate meters to the property line, address the condition of existing service lines, and follow the same legal and property owner notification process, including use of the Attachment A agreement to vacate implied easements where necessary.
These improvements resolve long-standing maintenance challenges, eliminate outdated implied easements, modernize the infrastructure, and clearly define ownership and maintenance responsibilities going forward.
Alternatives
If the Council does not accept the vacation of these easements the implied easement will continue to burden the property.
Fiscal and Staff Impact/Planned Item
Vacating this implied easement reduces county costs and staff time as the property owner assumes ownership and responsibility for the new waterline. This allows DPU staff to perform maintenance and meter operations from the public right-of-way without entering private property.
Attachments
A - LAC Conveyance and Vacation of an Implied Utility for an Underground Water Utility