10.F.
City Council Meeting - FINAL
- Meeting Date:
- 03/03/2015
- From:
- David McIntire, Asst to CM for RE/Acting Com. Inv. Mgr.
Information
TITLE:
Consideration and Adoption of Resolution No. 2015-06: A resolution abandoning the 1' No Access Easement on Lot 13 of the Falcon Ridge Subdivisionas shown on Sheet 2 of the Final Plat and authorizing the Mayor to execute any necessary documents.
RECOMMENDED ACTION:
1) Read Resolution No. 2015-06 by title only.
2) City Clerk reads Resolution No. 2015-06 by title only (if approved above)
3) Adopt Resolution No. 2015-06.
2) City Clerk reads Resolution No. 2015-06 by title only (if approved above)
3) Adopt Resolution No. 2015-06.
Executive Summary:
The parcel owner submitted a request for the abandonment of a one foot (1’) No Access Easement across a portion of the southern boundary of parcel 107-23-013A. The easement appears on the Final Plat of the Falcon Ridge subdivision which is recorded in Case 4 Map 67 of the Coconino County Records.
The easement is located along the border of the parcel which fronts Sparrow Avenue. Discussions with City of Flagstaff Traffic and Development Engineers and discussion with the City of Flagstaff Property and Development Team concluded that there is no apparent and compelling reason to maintain the easement. The plat does not make it clear who the intended beneficiary was nor what the intended benefit was. This type of easement is usually used to protect an urban trail or prevent access to a road where it would be inappropriate. In this case neither situation is relevant.
Letters were sent to all owners within 300’ of the easement and signs posted on the property announced the Planning and Zoning meeting where this item was considered. In addition an advertisement was printed in the Arizona Daily Sun. There was one response received via telephone from the owner of a nearby property supporting the abandonment and no concerns expressed from staff. (Resolution and supporting documents to be attached to the Final Agenda packet).
The easement is located along the border of the parcel which fronts Sparrow Avenue. Discussions with City of Flagstaff Traffic and Development Engineers and discussion with the City of Flagstaff Property and Development Team concluded that there is no apparent and compelling reason to maintain the easement. The plat does not make it clear who the intended beneficiary was nor what the intended benefit was. This type of easement is usually used to protect an urban trail or prevent access to a road where it would be inappropriate. In this case neither situation is relevant.
Letters were sent to all owners within 300’ of the easement and signs posted on the property announced the Planning and Zoning meeting where this item was considered. In addition an advertisement was printed in the Arizona Daily Sun. There was one response received via telephone from the owner of a nearby property supporting the abandonment and no concerns expressed from staff. (Resolution and supporting documents to be attached to the Final Agenda packet).
Financial Impact:
There is no financial impact to the City in maintaining or abandoning the 1' no access easement.
Connection to Council Goal and/or Regional Plan:
COUNCIL GOALS:
4) Explore and adopt policies to lower the costs associated with housing to the end user.
Has There Been Previous Council Decision on This:
There has been no previous City Council decision this item however the Planning and Zoning Commission voted to support the proposed abandonment.
Options and Alternatives:
1) Approve the abandonment of the No Access Easement. Pros: Removes an easement currently not performing a valuable purpose and of no use to the City and allows for better design and use of the parcel it encumbers. Cons: Removes the rights the City has to use the easement should there ever be a need identified in the future.
2) Reject the abandonment as presented and offer to abandon it with conditions identified by Council. Pros: May accomplish the same function with more favorable terms. Cons: Would delay the abandonment and slow development of the parcel.
3) Reject the abandonment. Pros: Maintains City control of the easement in case there is any future need identified. Cons: It is not anticipated there will be any future need for the easement and the current situation limits the development of the parcel and reduces its ability to contribute economically.
2) Reject the abandonment as presented and offer to abandon it with conditions identified by Council. Pros: May accomplish the same function with more favorable terms. Cons: Would delay the abandonment and slow development of the parcel.
3) Reject the abandonment. Pros: Maintains City control of the easement in case there is any future need identified. Cons: It is not anticipated there will be any future need for the easement and the current situation limits the development of the parcel and reduces its ability to contribute economically.
Key Considerations:
1) The plat doesnot provide a beneficiary or reason for the easement.
2) Internal discussion and review by Community Development staff and Property and Development Team have not identified a benefit provided by the easement.
3) These easements are usually designed to protect FUTS trails or prevent driveway access to a specific road or near an intersection but those issues do not apply in this instance.
4) The Planning and Zoning Commission voted to support the abandonment. The only public comment received after mailing and posting the issue was in support of the abandonment.
2) Internal discussion and review by Community Development staff and Property and Development Team have not identified a benefit provided by the easement.
3) These easements are usually designed to protect FUTS trails or prevent driveway access to a specific road or near an intersection but those issues do not apply in this instance.
4) The Planning and Zoning Commission voted to support the abandonment. The only public comment received after mailing and posting the issue was in support of the abandonment.
Community Involvement:
Inform
Consult
Involve
Collaborate
Consult
Involve
Collaborate