Adopt Resolution #25-092 Approving a Stormwater Basin Maintenance Agreement and Waiver for Emerald Estates (Project No. 24-123); Case of Alan and Joni Greenwaldt

On February 25, 2025, the City Council approved the Final Plat for Emerald Estates, a 13-lot rural subdivision located on 181st Avenue, west of Xenolith Street.  This was a bit of a unique subdivision in the sense that each lot would be custom-designed, including grading.  Due to the custom nature of the subdivision, each lot will have its own stormwater basin and each basin will only receive water from the lot it is on.  Since each basin will be designed to only receive water from the lot which it is on (no runoff from public roads or from multiple properties), each individual property owner will be responsible for maintaining their stormwater basin to ensure it continues to function as it was designed (rather than encumbering each basin with drainage and utility easement and the City bearing responsibility for maintaining each basin).  The City would only step in to conduct maintenance if the property owner fails to do so.  Should that occur, this agreement not only grants the City the ability to assess those maintenance costs to the property, but it also waives the right of the property owner to object to said assessments.  

All costs associated with this request are the responsibility of the Applicant.

Staff recommends approving the Stormwater Basin Maintenance Agreement and Waiver.

Motion to adopt Resolution #25-092 approving the Stormwater Basin Maintenance Agreement and Waiver.