(a) The Director of Mayor's Office of Capital Projects shall have the authority to accept on behalf of the City, a grant of an easement and any required appurtenances from any person, firm, corporation or political subdivision for the purpose of installing and maintaining sidewalks of conventional or non-conventional sidewalk installation, while preserving a tree in the right of way that would otherwise be removed. Such grant shall be an easement across the property owner's frontage. The Director of Mayor's Office of Capital Projects is further authorized to release on behalf of the City an easement acquired pursuant to this section no longer needed for the purposes for which it was acquired, and no sooner than five (5) years following the completion date of the sidewalk installation. All such easements and releases of easements must be approved by the Director of Law and filed with the County Recorder at the City's expense. The Director is further authorized to execute on behalf of the City all documents necessary to accept such easement and appurtenance rights.
(b) If for any reason, the tree dies or is removed in the future, the property owner may construct the sidewalk within the right-of-way and remove the sidewalk from the easement at the property owner's cost. Such property owner may request the release of the sidewalk easement at the City's expense.
(Ord. No. 890-2022. Passed 11-7-22, eff. 11-11-22)