10.476 Easements for Reservation of Right-of-Way and Utilities.
A reservation of right-of-way and utilities is an easement to the City that provides for access and utilities to otherwise landlocked properties as part of a developer tract land division. A reservation of right-of-way and utilities can only be used as part of a developer tract land division in which a tentative plat of an associated subdivision has been approved. All of the standards and limitations listed below apply to easements for reservations of right-of-way and utilities.
(1) The reservations shall be located on one or more of the streets as depicted on the associated subdivision tentative plat and shall be the required width of the future street classification, plus 10 feet on each side for future utility easements, to ensure access and utilities will be available to all adjoining units of land. It also allows adjoining units of land, that are otherwise landlocked, the opportunity to build a street connection for development purposes.
(2) A reservation of right-of-way and utilities document, in a form provided by or otherwise approved by the City Attorney’s Office, and containing a provision describing the standards and procedure for extinguishment, shall be submitted with the developer tract final plat. It shall be recorded with Jackson County for each developer tract. The recording number shall be placed on the developer tract final plat.
(3) The reservation of right-of-way and utilities may be extinguished by the following:
(a) When the associated subdivision receives final plat approval and the street or streets are dedicated, the reservation may be extinguished as per the reservation of right-of-way and utilities document.
(b) If a revised subdivision plat layout is approved for the associated subdivision that changes the reservation location but still provides access points, utility connections, and frontage to adjoining properties, the reservation may be extinguished and a new one created as per the reservation of right-of-way and utilities document.