03/13/2002 P&Z Packet - Laserfiche WebLink

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• • ANALYSIS The City never actually owned or was dedicated Outlot F, according to the Final Plat dedication page for Clearwater Creek 3rd Addition, which states: "...and do hereby donate and dedicate to the public use forever the circle, courts, drives, lane, roads, park and easements for drainage and utility purposes..." (Attachment 5) Outlot F is unique from other Outlots within the subdivision in that it does not have drainage and utility easements over it. As a result, it was never part of the property dedicated to the City. Since the Outlot was never part of the property dedicated to the City, and the proposed trail was never constructed, the Outlot is still owned by Gor -Em Builders. Gor -Em had agreed previously to pay the City $1,000 should construction of the trail not be (Attachment 6). What is further needed, however, is a Minor Subdivision, dividing Outlot F in two along the boundary lines of lots 1 & 14, block 3, Clearwater Creek 3rd Addition. The resulting two 150' X 10' pieces would then be attached to lots 1 & 14. Such action would: 1. Prevent the Outlot from becoming a useless piece of land, and thus going Tax Forfeit. 2. Resolve the trail issue. Staff has assumed that the above described two pieces should be attached to the two lots south of the Outlot, rather that be divided among all four of the neighboring lots (two to the north, and two to the south). This is because the Outlot and the two adjacent properties to the south lie within Addition #3, while the two lots to the north lie within Addition #2. Thus, even though it was originally Mr. Petronack who brought the situation to the attention of the council, it does not seem appropriate to attach the resulting Outlot F land to his property, since his property is located in Addition #2 and the Outlot is located in Addition #3. A conversation on March 4th with Deb Petronack confirmed that such an arrangement meets with the approval of the Petronacks. Outlot F appears physically indistinguishable from the adjacent properties; it has been sodded and taken care of by the neighboring residents and visually blends into their lawns. The four property owners adjacent to Outlot F have all been notified of this meeting, although it is not required that Public Notice be given in the matter of a Minor Subdivision. The two affected property owners (lots 1 & 14, block 3, Addition #3) have each agreed to accept the resulting 10 X 150 -foot property, which will be deeded to them from Gor -Em builders, pending approval of this Minor Subdivision. Thus, it is the recommendation of staff that such approval be granted with the following conditions: 1. Gor -Em Builders will pay the City $1,000, in lieu of not having to construct the trail. 2. Gor -Em will deed over the two subject pieces to the adjacent two property owners to the south for the nominal sum of $1.00