10.159A Removal of Public Utility Easement (PUE).
(1) Purpose. Certain properties contain public utility easements (PUEs) without any utilities located in them. It is the intent of this section to create a process for removing these PUEs.
(2) Application Form. An application to remove a PUE shall be made by the property owner or their designee. Request to remove PUEs shall be submitted to the Planning Department on application forms supplied by the Planning Department. The Planning Director or designee may waive the submittal of any of the materials or information that is deemed to be excessive, repetitive, or unnecessary. The application for the PUE removal shall require the following information:
(a) A scaled site plan or vicinity map identifying the location of the public utility easement to be removed;
(b) Legal description and exhibit map of the easement to be removed prepared by an Oregon registered surveyor;
(c) Assessor’s map and tax lot identification for subject properties;
(d) A statement or letter from all franchise utilities verifying that they have been notified of the proposed removal of the PUE and do not oppose its removal;
(e) A quitclaim deed, with a signature line for the Planning Director, acting on behalf of the City as grantor; and
(f) Written findings that address the approval in Section 10.159A(3).
(3) Approval Criteria. The removal of a PUE shall be approved by the Planning Director if it complies with the following:
(a) The easement does not grant public access for open space, trails, shared-use paths or other similar facilities.
(b) The City, or a franchise utility provider licensed by the City, have no need for the public utility easement or any portion thereof.
(c) There are no existing or known utility facilities within the easement.
(d) Future plans for development of the property do not necessitate the PUE.
(4) Removal of PUE, Procedure. Once the application has been submitted and deemed complete within 30 calendar days of receipt, the Planning Department shall send a copy to affected agencies, including the City and County Surveyor, Medford Public Works Engineering and other applicable agencies for review; agencies shall have 15 calendar days to provide comment. Following the agency comment period, he Planning Director, or designee, shall send a written report to the applicant indicating:
(a) The application has been conditionally approved and is consistent with, the criteria in Section 10.159A(3); or
(b) The application has been disapproved as it is not consistent with the criteria in Section 10.159A(3).
(5) PUE Removal Recordation, Notification and Expiration.
(a) Within sixty days of the final decision date, applicant shall, at applicant’s expense, record the PUE removal quitclaim deed with the Jackson County Recorder’s Office. If the quitclaim deed is not filed within sixty days the approval shall expire.
(b) Once a decision on the removal of the public utility easement (PUE) has been made, the property owner, agent, and franchise utility companies shall be sent written notification of the decision, with a copy of the recorded quitclaim deed.