Joshua Yellin, on behalf of his clients Amelia B. Eichholz & Caroline M. Eichholz as Co-Trustees of the Donna K. Eichholz Personal Trust, have petitioned for the City to quit claim any rights it may have to the undeveloped 60’ Battey Street right-of-way located directly adjacent to the Eichholz’ property at 301 Wheeler Street in the Habersham Woods neighborhood. A title review indicates that the original developer of the neighborhood retained certain rights to the streets and lanes of the Habersham Woods neighborhood and never dedicated them to the City. Therefore, the City does not have clear legal ownership of this street. However, this section of right-of-way is home to City utilities and the City therefore enjoys some form of prescriptive rights across the property. To clear the title situation and better establish City easement rights, staff recommends granting a quitclaim deed to the petitioner but reserving and establishing a utility easement allowing for use, maintenance, repair and replacement of the existing sewer line and stormwater ditch. The City will charge a fee of $1,500 for the quit claim and associated staff time involved.  If so approved, the two adjoining property owners will be contacted and have the right to acquire all or part depending on their election.

Public Works and Water Resources, Development Services, Greenscapes, Planning and Urban Design and Real Estate Services have reviewed the request and approve the grant of a quit claim subject to the above referenced easement subject to the following conditions:

• The petitioner must provide an easement, 7.5 feet from the west side of the sewer line and 7.5 feet east of the drainage ditch.
• Full access to the easement.
• No construction allowed on easement.
• No fences allowed on easement.
• No planting of trees allowed on easement.
• No permanent structure, shed or garage shall be built on or in the easement.
• Ensure access to the drainage ditch located within this parcel and continuing along the lane behind residences for stormwater maintenance.

Approval