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14.C.
City Council Meeting - FINAL
Meeting Date:
09/03/2019
From:
Alaxandra Pucciarelli, Planning Development Manager - AP

Information

TITLE:

Consideration and Adoption of Ordinance No. 2019-28:  An ordinance of the Flagstaff City Council accepting drainage and slope easements along Ponderosa Parkway; delegating authority, and establishing an effective date.

STAFF RECOMMENDED ACTION:

At the September 3, 2019 Council Meeting:
1) Read Ordinance No. 2019-28 by title only for the first time
2) City Clerk reads Ordinance No. 2019-28 by title only (if approved above)
At the September 17, 2019 Council Meeting:
3) Read Ordinance No. 2019-28 by title only for the final time
4) City Clerk reads Ordinance No. 2019-28 by title only (if approved above)
5) Adopt Ordinance No. 2019-28

Executive Summary:

Under ordinance No. 2019-28 the City will formally accept the easements received on March 1, 2010 per the Special Warranty Deed, Document Number 3555011; and the City will accept slope and drainage easements in the same location from the current property owner, Miramonte, using the City's standard forms, in order to clarify and define the obligations of the City and Miramonte.

Financial Impact:

None

Policy Impact:

None

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:

Transportation and Other Public Infrastructure
Deliver quality community assets and continue to advocate and implement a highly performing multi-modal transportation system.

Has There Been Previous Council Decision on This:

Yes, Ordinance No. 2009-39 approving the Development and Disposition Agreement dated December 3rd, 2009.

Options and Alternatives:

  1. Approve Ordinance No. 2019-28 which formally accepts the easements.
  2. Do not approve Ordinance No. 2019-28 and the existing easements remain in place, however, the obligations of the easements will remain unclear.

Background and History:

Under the original Development and Disposition Agreement dated December 3, 2009, Document Number 3546724, official records of Coconino County ("DA"), Gemini (now Miramonte) was required to dedicate slope and drainage easements to the City, per paragraph 7 (a) of the DA.  The City received these easements on March 1, 2010, by Special Warranty Deed, Document Number 3555011, however, neither the DA nor the Special Warranty Deed indicated the scope of the easements; rights of access, maintenance obligations, restrictions of the easement.  This ordinance will formally accept the easements received in the Special Warranty Deed, Document Number 3555011 and will authorize staff to accept non-exclusive easements granted by Miramonte over the same legally described parcels, using our standard forms for slope and drainage easements.

Key Considerations:

The City has standard forms for drainage and slope easements that are used in development projects.  The language of the easements outlines the obligations and responsibilities of the parties for maintenance, access, exclusivity, and overall purpose of the easement. Without the easement, the obligations and responsibilities of the parties are unclear.  Recording the slope and drainage easements will clarify this and provide public notice.

Community Benefits and Considerations:

None

Community Involvement:

Recording the slope and drainage easements outline the obligations of the parties which will protect the public infrastructure; road and drainage system.

Expanded Options and Alternatives:

Inform

Attachments