Sec. 122.430.1. - Easements of City-owned Property.

(a) Easement. "Easement" means a non-possessory interest in lands created by a grant or agreement which confers upon the grantee the limited right, liberty, and privilege to use City-owned lands for a specific purpose and for a specific time. (b) Form of Easements. No easement shall be granted by the Real Estate Division for a period of time longer than the need for the easement, which may be perpetual. All easements granted by the Real Estate Division shall be non-exclusive and for fair value except those easements granted to a governmental entity for a public purpose, which may be granted without cost and may be executed by the Real Estate Division. All easements shall include the insurance and indemnity provisions required by the City's Risk Management Division. No easement granted by the Real Estate Division shall result in any increased expense to the City. Any easement that requires extraordinary conditions for the City's protection or will result in increased costs to the City must be authorized by City Council. (c) Easements for private use. Easements for private use may be granted by the Real Estate Division only if the requested use is necessary to the applicant's use of its property and the applicant has no reasonable alternative for the necessary use other than use of City-owned land. If the needs analysis under the provisions of Section 122.422 , Ordinance Code, discloses that the proposed use will not interfere with public use of the land, the easement may be sold to the applicant for no less than fair market value, in cash or in kind, as determined by an appraisal obtained by the City at the applicant's cost. If research concludes that the easement is required by law then it shall be granted without cost. (d) No interference with public use. The Real Estate Division may not enter into easements the use of which will interfere with existing public use of the land. (e) Nothing in this Subpart 4 shall be construed to authorize the Real Estate Division to vacate, abandon, discontinue or close any public or private street, alleyway, road, highway, or other place used for travel, or any portion thereof, the authority for which is expressly reserved to the City Council under the provisions of F.S. § 336.09. (Ord. 2018-871-E , § 2) Note— See editor's note, Subpart B.