Prior to recordation of the subdivision plat, the applicant shall submit a written
instrument from the owner of any privately owned easement or fee strip within the
plat boundaries that is proposed to be crossed by a street, private street, shared
driveway or public utility or drainage easement. The instrument must state that the
owner of the easement or fee strip consents to each crossing for the purposes intended
and depicted upon the subdivision plat. In those instances where the applicant submits
an instrument of record in lieu of a letter or statement from the owner of the private
easement or fee strip, the department shall then refer the recorded instrument to
the city attorney for determination of whether the conditions contained in the recorded
instrument adequately provide or accommodate the crossing of the private easement
or fee strip by the proposed street, private street, shared driveway or public utility
or drainage easement depicted on the plat. If the city attorney determines that the
recorded instrument is not adequate, the applicant shall then submit evidence of the
consent of the owner of the private easement or fee strip.
(Ord. No. 2013-343, § 3(Exh. A), 4-24-2013)
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