One of those, I always wonder what others do kinda question:
As I suspect is pretty standard, if a private developer has a proposed public street in its subdivision, the developer would convey (by plat or deed) a street right-of-way to the municipality. Similarly, if the developer has a municipality owned utility such as a water and/or sewer main being installed within the development outside of the street right-of-way, the developer would convey a utility easement over the main lines. Again, I suspect this is fairly standard.
But, what if the public streets and utilities to be installed are within a development that is fully owned by the municipality? Say a new park, or new public facility?
Do you the municipality either:
- grant an easement/right-of-way onto to yourself? (if so, how does the staff attorney feel about this?)
- don't bother with easements/rights-of-way since the overall underlying property is owned by the municipality as it's considered redundant?
- indicate some other method of a need to preserve a future easement/right-of-way right should the underlying property be no longer owned by the municipality?