Easements for City projects on City land
Does a City need to issue easements to itself for projects on City land (pedestrian signal installation. If so how would grantee and and grantor be addressed?
One of my cities did that for utilities just in case we ever transferred the property. The grantor was the city and the grantee was the municipal authority.
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On Apr 1, 2020, at 8:41 AM, Heather Poole HPoole@midwestcityok.org wrote:
Does a City need to issue easements to itself for projects on City land (pedestrian signal installation. If so how would grantee and and grantor be addressed?
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I took over as city attorney for a small town years ago. They had sold a municipal hospital several years prior and did not reserve easements for roads or utilities. We had to file a condemnation action after surveys, appraisals, etc. It cost thousands of dollars because the prior attorney didn’t recognize the issue with reserving the easements. The new owners fought us as we had to take back a significant amount of their property which included two roadways. A nightmare. So, Andrea has a great point there.
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From: Andrea Chism
Sent: Wednesday, April 1, 2020 11:30 AM
To: Heather Poole
Cc: Steve Murdock via Oama
Subject: Re: [Oama] Easements for City projects on City land
One of my cities did that for utilities just in case we ever transferred the property. The grantor was the city and the grantee was the municipal authority.
Sent from my iPhone
On Apr 1, 2020, at 8:41 AM, Heather Poole HPoole@midwestcityok.org wrote:
Does a City need to issue easements to itself for projects on City land (pedestrian signal installation. If so how would grantee and and grantor be addressed?
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I have never done this, but I think it is a good idea (until you decide to dissolve the municipal authority -I have done one of those). Some of my cities have had nuisance abatement liens, or even 2nd mortgages on some properties. When the owner defaults on the 1st mortgage, we end up in the foreclosure as a party. Plaintiff’s counsel almost always drafts the JE to give them priority over all other interests – never even acknowledging the utility easement.
Having the easement in the municipal authority’s name will allow them to foreclose the lien without having the language of the JE try to eliminate the easement.
Mike Vanderburg
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From: Andrea Chism
Sent: Wednesday, April 1, 2020 11:30 AM
To: Heather Poole
Cc: Steve Murdock via Oama
Subject: Re: [Oama] Easements for City projects on City land
One of my cities did that for utilities just in case we ever transferred the property. The grantor was the city and the grantee was the municipal authority.
Sent from my iPhone
On Apr 1, 2020, at 8:41 AM, Heather Poole HPoole@midwestcityok.org wrote:
Does a City need to issue easements to itself for projects on City land (pedestrian signal installation. If so how would grantee and and grantor be addressed?
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I have never done this, but I think it is a good idea (until you decide to dissolve the municipal authority -I have done one of those). Some of my cities have had nuisance abatement liens, or even 2nd mortgages on some properties. When the owner defaults on the 1st mortgage, we end up in the foreclosure as a party. Plaintiff’s counsel almost always drafts the JE to give them priority over all other interests – never even acknowledging the utility easement.
Having the easement in the municipal authority’s name will allow them to foreclose the lien without having the language of the JE try to eliminate the easement.
Mike Vanderburg
Sent from Mail for Windows 10
From: Andrea Chism
Sent: Wednesday, April 1, 2020 11:30 AM
To: Heather Poole
Cc: Steve Murdock via Oama
Subject: Re: [Oama] Easements for City projects on City land
One of my cities did that for utilities just in case we ever transferred the property. The grantor was the city and the grantee was the municipal authority.
Sent from my iPhone
On Apr 1, 2020, at 8:41 AM, Heather Poole HPoole@midwestcityok.org wrote:
Does a City need to issue easements to itself for projects on City land (pedestrian signal installation. If so how would grantee and and grantor be addressed?
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An easement grant must be for the benefit of a third party, or some sort of
dedication must be made for the benefit of others to run with the land. An
easement from a fee owner to itself on its own land would be invalid as it
merges with the fee, being the superior estate.
Nathan Schlinke
P.O. Box 1157
Edmond, OK 73083-1157
Tel: 405.478.9797
Cell: 405.760.2101
Fax: 213.232.4019
Email: lawoffice@schlinke.net
On Wed, Apr 1, 2020 at 8:40 AM Heather Poole HPoole@midwestcityok.org
wrote:
Does a City need to issue easements to itself for projects on City land
(pedestrian signal installation. If so how would grantee and and grantor
be addressed?
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Nathan,
I understand your statement, but the city and the public trust are distinct legal entities. It would not be an owner granting an easement to itself.
Sincerely,
Jen
Jennifer O'Steen
Attorney at Law
ACT Legal Solutions, PLLC
Ph: (405) 747-9563
NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that the retention, use, dissemination, distribution, or copying of this message, or any attachments hereto, is strictly prohibited. If you received this electronic mail in error, please notify the sender immediately by reply and destroy the original transmission and its attachments without reading them or saving them. Thank you.
From: Oama oama-bounces@lists.imla.org on behalf of Schlinke Law Office lawoffice@schlinke.net
Date: Wednesday, April 1, 2020 at 8:24 PM
To: Heather Poole HPoole@midwestcityok.org
Cc: Steve Murdock via Oama oama@lists.imla.org
Subject: Re: [Oama] Easements for City projects on City land
An easement grant must be for the benefit of a third party, or some sort of dedication must be made for the benefit of others to run with the land. An easement from a fee owner to itself on its own land would be invalid as it merges with the fee, being the superior estate.
Nathan Schlinke
P.O. Box 1157
Edmond, OK 73083-1157
Tel: 405.478.9797
Cell: 405.760.2101
Fax: 213.232.4019
Email: lawoffice@schlinke.net
On Wed, Apr 1, 2020 at 8:40 AM Heather Poole HPoole@midwestcityok.org wrote:
Does a City need to issue easements to itself for projects on City land (pedestrian signal installation. If so how would grantee and and grantor be addressed?
--
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Jennifer is correct. Another way of thinking of this (which you can make express in the ordinance) is that the city in its corporate capacity is deeding the easement to the city as trustee for the general public.
Mike Vanderburg
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From: Jennifer O'Steen
Sent: Wednesday, April 1, 2020 9:02 PM
To: Schlinke Law Office; Heather Poole
Cc: Steve Murdock via Oama
Subject: Re: [Oama] Easements for City projects on City land
Nathan,
I understand your statement, but the city and the public trust are distinct legal entities. It would not be an owner granting an easement to itself.
Sincerely,
Jen
Jennifer O'Steen
Attorney at Law
ACT Legal Solutions, PLLC
www.actlegalsolutions.com
Ph: (405) 747-9563
NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that the retention, use, dissemination, distribution, or copying of this message, or any attachments hereto, is strictly prohibited. If you received this electronic mail in error, please notify the sender immediately by reply and destroy the original transmission and its attachments without reading them or saving them. Thank you.
From: Oama oama-bounces@lists.imla.org on behalf of Schlinke Law Office lawoffice@schlinke.net
Date: Wednesday, April 1, 2020 at 8:24 PM
To: Heather Poole HPoole@midwestcityok.org
Cc: Steve Murdock via Oama oama@lists.imla.org
Subject: Re: [Oama] Easements for City projects on City land
An easement grant must be for the benefit of a third party, or some sort of dedication must be made for the benefit of others to run with the land. An easement from a fee owner to itself on its own land would be invalid as it merges with the fee, being the superior estate.
Nathan Schlinke
P.O. Box 1157
Edmond, OK 73083-1157
Tel: 405.478.9797
Cell: 405.760.2101
Fax: 213.232.4019
Email: lawoffice@schlinke.net
On Wed, Apr 1, 2020 at 8:40 AM Heather Poole HPoole@midwestcityok.org wrote:
Does a City need to issue easements to itself for projects on City land (pedestrian signal installation. If so how would grantee and and grantor be addressed?
--
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Jennifer is correct. Another way of thinking of this (which you can make express in the ordinance) is that the city in its corporate capacity is deeding the easement to the city as trustee for the general public.
Mike Vanderburg
Sent from Mail for Windows 10
From: Jennifer O'Steen
Sent: Wednesday, April 1, 2020 9:02 PM
To: Schlinke Law Office; Heather Poole
Cc: Steve Murdock via Oama
Subject: Re: [Oama] Easements for City projects on City land
Nathan,
I understand your statement, but the city and the public trust are distinct legal entities. It would not be an owner granting an easement to itself.
Sincerely,
Jen
Jennifer O'Steen
Attorney at Law
ACT Legal Solutions, PLLC
www.actlegalsolutions.com
Ph: (405) 747-9563
NOTICE: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: The information in this electronic mail, including any attachments, is sent by or on behalf of an attorney and is intended to be confidential and for the use of the intended recipient only. The information contained in this transmission and any attached documents or previous emails may be protected by the attorney-client privilege, work product doctrine, or otherwise legally privileged. If the reader of this message is not the intended recipient, you are notified that the retention, use, dissemination, distribution, or copying of this message, or any attachments hereto, is strictly prohibited. If you received this electronic mail in error, please notify the sender immediately by reply and destroy the original transmission and its attachments without reading them or saving them. Thank you.
From: Oama oama-bounces@lists.imla.org on behalf of Schlinke Law Office lawoffice@schlinke.net
Date: Wednesday, April 1, 2020 at 8:24 PM
To: Heather Poole HPoole@midwestcityok.org
Cc: Steve Murdock via Oama oama@lists.imla.org
Subject: Re: [Oama] Easements for City projects on City land
An easement grant must be for the benefit of a third party, or some sort of dedication must be made for the benefit of others to run with the land. An easement from a fee owner to itself on its own land would be invalid as it merges with the fee, being the superior estate.
Nathan Schlinke
P.O. Box 1157
Edmond, OK 73083-1157
Tel: 405.478.9797
Cell: 405.760.2101
Fax: 213.232.4019
Email: lawoffice@schlinke.net
On Wed, Apr 1, 2020 at 8:40 AM Heather Poole HPoole@midwestcityok.org wrote:
Does a City need to issue easements to itself for projects on City land (pedestrian signal installation. If so how would grantee and and grantor be addressed?
--
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