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  1. #1
    Join Date
    Aug 2012
    Lake Ozark, Missouri, United States

    Default Not Honoring Easement Agreement Compensation

    My question involves an easement in the state of: missouri

    have 3 lots 2 lots are residential 1 lot is commercial they are seperated by a gravel road

    the local city requested easement to install water utility on residential lot

    compensation for that easement was to hook water to non annexed commercial lot for fire sprinkler water supply

    city is now claiming they have an ordinance prohibiting water to be supplied to non annexed property and refuses to supply water.

    i have a letter from the engineer addressed to the fire marshall of the local district:
    "we have recently modified our scope of service to the water / sewer system to include service from pirates point north to the end of phase1 at road 5. this service will be provided to mr. x commercial property. mr. x has petitioned to annex the residential property behind bar and request water service to commercial property. the city water service will provide all the water that may be required for the sprinklers in the commercial building.

    we expect to have that portion of the water system online within the next 18 months. mr. x has asked me to issue a letter to the district to allow him to connect water system and not install his own water supply."

    cc: mr. x

    dated 4/25/09

    the recorded "right-of-way easement" dated 5/29/10 has the commercial property address and parcel tax id and owners name listed as the grantor. then the description of the easement.
    the next part says "in consideration of five dollars and other goods and valuable consideration the receipt and adequacy of which is hereby acknowledged, grantor does hereby grant unto grantee and its successors an easement..."
    then a description

    then there is a special provision to permit installation, redress and connection:
    grantee is also granted:

    "a temp easement to install and redress at city expense the water service lateral for the property owner between the meter and the main and the owners improvements"

    and at the bottom it also says "the grantee shall waive future impact and connection fees for one initial connection up to 2 inches diameter."

    this was signed by the city clerk on behalf of the city as accepted.

    i have met the board of alderman and they are denying water unless the commercial property is annexed in to their city. i feel like they got what they wanted and they are not honoring the agreement, what can be done legally to either make the city hook up or to desist the easement?

  2. #2
    Join Date
    Oct 2007

    Default Re: Not Honoring Easement Agreement Compensation

    You are probably going to to need an attorney to compel the city to carry out it's agreement with you. You are going to need something like a writ of mandamus or whatever your attorney recommends in order to force compliance with your agreement. If the city passed an ordinance to provide for the offer of water in exchange for an easement, it could be argued that it supersedes the ordinance they are using to refuse service as agreed.

    Good Luck!

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