Title
Grant of Utility Easement and Acceptance of Ownership of a New Waterline Located at 113 Central Park Square
Recommended Action
I move that Council approve a grant of utility easement within Tract AA, a subdivision of Eastern Area No. 3 and accept ownership of the new waterline.
Utilities Manager Recommendation
The Utilities Manager recommends that Council approve the motion as presented.
Body
The existing waterline in the north parking lot of Central Park Square is currently privately owned. The waterline was installed in approximately 1950 and has experienced leaks annually over the past decade. The owner of the property approached the DPU about replacing the waterline and conveying to the DPU to operate and maintain. The waterline was undersized and provides domestic water and fire protection to one of the largest structures in Los Alamos. The new waterline was placed into service in early June 2020. The new waterline was constructed to current DPU construction standards and increased in size from a 6” to 8”, which will increase the available fire flow. Acceptance of the utility easement establishes legal access to DPU to operate and maintain the line. Per the Section 16-238. - Acceptance, conveyance of the waterline must be by a vote by the County Council. We have provided the applicable code below.
Sec. 16-238. - Acceptance.
(a) County acceptance of the public improvements and utilities shall be by motion of the county council only. The county council shall accept only upon recommendation by the county engineer and utilities manager. The recommendation by the county engineer and utilities manager shall be contingent upon:
(1) Fulfillment of the requirements for responsibility for maintenance as outlined under section 16-237;
(2) An opinion by the county attorney that satisfactory and proper conveyances have been made by the developer to the county;
(3) Public improvements that have been completed and are in good repair in accordance with approved plans and specifications;
(4) Utilities that have been completed and are in good repair with approved plans and specifications reviewed by the utilities department;
(5) As-built drawings dated, certified and stamped by a professional engineer having been submitted to and accepted by the county engineer and utilities manager;
(6) All monuments that have been placed.
(b) Except when a development is approved by the planning and zoning commission or county council as a phased development, a development shall not be recommended for acceptance by the county engineer or utilities manager or accepted by the county council in part; it shall be accepted only as a whole as indicated in the final plat or site plan, or special use permit and approved engineering drawings.
(c) The developer will be charged an additional fee for reinspection when as-built plans do not conform to field inspection.
Alternatives
If the easement is not approved the waterline will remain private.
Fiscal and Staff Impact/Planned Item
None
Attachments
A - Vicinity Map
B - Grant of Utility Easement