Staff recommends that the City Council accept the agreement associated with the Birely Drainage District right-of-way dedication for Trails West Subdivision, 5th Filing.

The final plat for Trails West Subdivision 5th Filing was approved by City Council in November 2021.  With the subdivision plat, the area where the Birely Drain exists was dedicated as right-of-way.  The right-of-way dedication was consistent with earlier filings of Trails West Subdivision.  At the time of plat review, the Birely Drain District requested that the City enter into an agreement with the Birely Drainage District.  This agreement between the City and the Birely Drainage District outlines all access requirements and maintenance.  The agreement also allows the subdivision to install a 5-foot wide sidewalk along the drain.  Attached is the agreement and the subdivision plat for Trails West Subdivision 5th Filing. The Birely Drain District signed the agreement in November 2021 when the plat was approved.  The date of the agreement will be the date the Mayor executes the contract.

City Council may:

• Approve the agreement, consistent with previous filings of Trails West Subdivision; or,
• Not Approve the agreement.  If the agreement is not approved, there would be limited clarity on maintenance of the sidewalk and the Birely Drain.

There is no cost to the City for accepting the agreement. The agreement requires the Trails West Subdivision HOA is responsible for maintaining the 5-foot wide path and the Birely Drainage District is responsible for maintaining the drain.