Subject
title
Authorization for the City Manager to Release and Extinguish an Easement for 10-foot-Wide Path for Pedestrian Use Established Between Lots 9 and 10 on Hardwicke Place by Plat No. 9302..end.
Department
PW - Traffic & Transportation
Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to release and extinguish an existing easement for 10-foot-wide path for pedestrian use established between lot 9 (7 Hardwicke Place) and lot 10 (6 Hardwicke Place) on Hardwicke Place recorded at Plat No. 9302.
Discussion
This item seeks Mayor and Council approval of an authorization for the City Manager to execute on its behalf the release and extinguishment of an existing easement recorded at Plat No 9302 between lots 9 and 10 in Liber 3359 of Folio 265.
As part of the Rockshire development, the developer was required to provide an easement to the city for a 10-foot-wide path for pedestrian use. On September 27, 2024, the resident at 7 Hardwicke Place, Mr. Yakob Surafiel requested the city to abandon the easement between 7 Hardwicke Place and 6 Hardwicke Place. This easement is not needed since it does not connect to any public pedestrian network. There are also no future needs as the easement leads to other residences and no related infrastructure is planned in the Pedestrian Master Plan.
The location of the existing easement to be extinguished is shown in Attachment 1. The draft document, “Release and Extinguishment of Easement - Pedestrian Path” is provided in Attachment 2.
Mayor and Council History
This is the first time this item has been brought before the Mayor and Council.
Next Steps
If approved by Mayor and Council, the City Manager will ensure the execution of the document entitled “Release and Extinguishment of Easement - Pedestrian Path” in a form acceptable to the City Attorney and substantially similar to the draft document attached to this staff report. The executed easement document will be recorded in the Land Records of Montgomery County.