2003-017 Council Resolution - Laserfiche WebLink

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SSR & W Minor Subdivision page 6 Safety department and the City Attorney staff is requesting council action on the application. By accepting an easement for public right -of -way purposes the City is reserving its right to construct public improvements over, under or across a certain parcel of land. The city is not obligated to open an easement to the public. Nor is it obligated to construct a road or other public improvements within the easement. At the same time the City cannot limit the use of an easement owned by the City to specific persons and exclude others. However, it is important to note that in the case of an easement grant the City does not own the property. The City is only reserving the right to use it for a specific purpose. The owner of the property may continue to use the property provided that such use, within the easement area, does not interfere with (physically or financially) the City's ability to use it for its intended purpose. In regards to this specific property an existing driveway is located within the proposed 33 foot easement area. As such, the use of that driveway to access a housing site would not interfere with the City's ability to construct improvements in the future. Additionally, since the property to the west now has a separate access to Main Street there is no longer an issue with regards to the City limiting the use of the easement to a specific person or persons. The property owner is simply using the existing driveway on his /her property. Additionally, the Public Safety department has indicated that the proposed public roadway extending into the property and/or its use as a private driveway does not create a unique situation for them. RECOMMENDATION It is staff's recommendation that the proposed minor subdivision be approved with the following conditions: 1. A street, drainage and utility easement shall be dedicated to the City. The easement shall include the eastem 33 feet of the subject properties from Main Street to the existing Duffee Drive. 2. A revised survey showing the street, drainage and utility easement and a deed for the easement shall be submitted and reviewed by the City before the City certifies this resolution or any deed or document approving the minor subdivision. The revised survey shall not include additional easement for Dupont Ave. right of way. 3. Park dedication of $1,665.00 shall apply and shall be submitted before the City certifies the resolution or any deed or document approving the minor subdivision.