Staff recommends that City Council accept the perpetual right-of-way easement for the development of the eastern portion of Western Sky Drive from Big Island, LLC.

Previously, Western Sky Subdivision, 2nd Amended, dedicated public road right-of-way for the development of Western Sky Drive on the south side of King Avenue West.  At the time, Western Sky Subdivision didn't dedicate the full right-of-way necessary for the street as 20 feet of the right-of-way to the east was not within the ownership control of the Developer at the time.  However, the adjacent development on the east side of Western Sky Drive (Big Island, LLC.) is now providing the remaining perpetual right-of-way easement to allow for the completion of Western Sky Drive.  Acceptance of the easement by City Council allows the completion of the remaining public street improvements on the east side of Western Sky Drive by the Big Island, LLC., at no cost to the City.

City Council may:

• Accept the perpetual right-of-way easement; or,
• Not accept the perpetual right-of-way easement.  If the easement is not accepted, public improvements required to complete a portion of Western Sky Drive cannot be completed adjacent to the Big Island development.

There is no significant financial impact to the City with the acceptance of the perpetual right-of-way easement.