CCP 08-31-1998 - Laserfiche WebLink

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. Condition #3 The Planning Commission recommendation requires the provision of drainage and utility easement in a form which is acceptable to the City Attorney. The applicants engineer has provided the City Attorney with the legal descriptions for the drainage and utility easement which is shown on Exhibit D. The City Attorney is comfortable with the legal descriptions provided. However, based on tbe legal description provided, the drainage and utility easement will need to be recorded prior to the recording of the minor subdivision. Therefore, the City Attorney is recommending an additional condition which would state: "Recording of the drainage and utility easement, in a form acceptable to the City Attorney, prior to the recording of the minor subdivision." Additional Comment The City Engineer, City Attorney, and Staff are concerned about the extent to which the drainage and utility easement encroach onto the proposed lots, particularly Lot B. Lot B is buildable, however, the ability to add a deck of have a back yard is severely limited. The Staff would conclude that portion of the pond which exists outside of the existing easement should be relocated onto Lot C as a compensatory storage area (Exhibit E). The Staff has discussed this with the applicant, but the applicant has an expressed an unwillingness to pursue this option, and wishes to leave it up to the future home owners to resolve if they feel that it is necessary. However, tbe Staff would conclude that now is the appropriate opportunity to accomplish this task as their exists only one owner at this time. As the City has seen on other properties (ie., Indian Oaks Circle) when issues like this are left to be resolved at a future date, it assumes that all parties will be reasonable about the request and that is not always the case. Therefore, the Staff would recommend an additional condition which would state: "Provision . of compensatory storage on Lot C, such that the drainage and utility easement required for the pond on Lot B can be reduced to the existing utility and drainage easement and such work shall be completed before any building permits will be issued for Lots A, B, or e." Easement Vacation The request for the easement vacation relates to Lot A (Exhibit F). If this request is approved, then the Staff would return to the City Council with a resolution enacting the vacation as soon as the legal description is available. .