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Consent   1.E.
Regular City Council Meeting
Meeting Date:
06/08/2020
TITLE
Acceptance of Right of Way Easement from KPCS, LLC
PRESENTED BY:
David Mumford
Department:
Public Works
Presentation:
No

PROBLEM/ISSUE STATEMENT

The developer of Lot 2B and 3B of the Amended Lot 1 of the Amended Plat of V.F.W. Subdivision is building a new commercial building on the lot.  In order to install concrete sidewalk and concrete approach work around existing utilities, they will need to install a portion of the right of way improvements within the lot.  The developer is granting the attached perpetual right of way easement which will allow the City to maintain the improvements as they would normally do if the improvements were able to fit entirely within the public right of way.

ALTERNATIVES ANALYZED

The City Council may:
  • Accept the Right of Way Easement from KPCS, LLC for improvements extending into Lot 2B and 3B of the Amended Lot 1 of the Amended Plat of V.F.W. Subdivision; or
  • Not accept the Right of Way Easement from KPCS, LLC for improvements extending into Lot 2B and 3B of the Amended Lot 1 of the Amended Plat of V.F.W. Subdivision.  If the easement is not approved, and the developer fails to maintain the sidewalk and approach, the City would not be able to access the improvements to correct the issue. In addition, the property owner could restrict access to the sidewalk

FISCAL EFFECTS

There is no cost to the City for acceptance of the easement.

RECOMMENDATION

Staff recommends the City Council accept the Right of Way Easement from KPCS, LLC for improvements extending into Lot 2B and 3B of the Amended Lot 1 of the Amended Plat of V.F.W. Subdivision.

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