Item Coversheet

Item Number 14.

  

City Council 
Staff Report


Subject:

Acceptance of Irrevocable Offer of Dedication in Fee and Grant of Public Utility Easement to the City (Garnet Creek Subdivision SD-2013-10)




Date:May 14, 2019


Submitted By:

David Mohlenbrok, Community Development Director

Lynn Toth, Land Development Engineer



Department:Community Development

Staff Recommendation:

Adopt a Resolution Directing the Acceptance and Recordation of an Irrevocable Offer of Dedication in Fee for Alley Roadway Purposes and Public Utility Easement (Garnet Creek Subdivision SD-2013-10)


BACKGROUND:

The tentative subdivision map for the Garnet Creek Subdivision was approved by the City Council on January 27, 2015 by Resolution 2015-37. A condition of this map is the construction and dedication of public alleys and associated public utility easements over such. The garage on Lot 55, fronting Alley N was originally intended to be located on the North East side of the lot. When Cresleigh Homes chose the model locations during construction, it was decided that it was beneficial to locate the garage on the South West side of the lot, and therefore, Alley N was required to be extended nine (9) additional feet for vehicular access over Lots 50 and 55.  The owners of the property, Garnet Creek Homes LLC, a Delaware Limited Liability Company have agreed to provide the Irrevocable Offer of Dedication in fee and grant of Public Utility Easement for the additional 9 feet of alleyway.

 

FINDINGS, CONCLUSIONS & RECOMMENDATIONS:

 

Findings:

 

  • The Garnet Creek Subdivision was conditioned to construct and dedicate public alleyways for access to specific homes within the subdivision.

 

  • The owners of the access road property, Garnet Creek Homes LLC, a Delaware Limited Liability Company have agreed to provide an Irrevocable Offer of Dedication in fee for nine (9) additional feet added to Alley N, for alleyway purposes and public utility easement over the alleyway.

 

Conclusions:

 

  • By accepting the irrevocable offer of dedication in fee for the alley and grant of public utility easement, the City acquires all underlying rights to the additional 9 feet of alley, as previously constructed and accepted per City Council Resolution No. 2017-161.
Fiscal Impact:

The alleyway will be owned and maintained by the City.


ATTACHMENTS:
Description
Resolution
Resolution - Exhibit A (Grant Deed)
Resolution - Exhibit B & C (Legal Description)
This Staff Report has been reviewed by the City Attorney for legal sufficiency and by the City Manager for content.