TO: Mayor and Commissioners
FROM: John Morgan, Environmental Services Director
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: March 1, 2017
Title
ACCEPTANCE OF A SIDEWALK EASEMENT DEED FOR A 1.5-FOOT OF RIGHT-OF-WAY DEDICATION FOR 73 PALM SQUARE
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Recommended Action:
Recommendation
Motion to Approve acceptance of a 1.5-foot sidewalk easement deed for property located at 73 Palm Square.
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Background:
In 2014, Patton Investment, LLC. (PILLC) submitted a plan site application through the Planning, Zoning, and Building Department to construct a single-family residence at 73 Palm Square. On October 17, 2014, the Development Services Management Group (DSMG) supported that the existing 40-foot right-of-way widths for Palm Square and SE 1st Street be retained.
In February 2015, PILLC submitted a building permit application (Permit #15-155505) to construct a single-family residence at 73 Palm Square. On April 23, 2015, DSMG supported the installation of a 5-foot sidewalk in accordance with the Land Development Regulations (LDR) Section 6.1.3. The applicants agreed to install the sidewalk, however 1.5 feet of the sidewalk and a triangular portion at the corner would be on private property. Since DSMG previously approved the right-of-way to remain 40-foot, the applicant agreed to dedicate a sidewalk easement for the portion of the private property.
The sidewalk easement deed was never recorded and subsequently in September 2016, PILLC sold the property, which invalidates the current easement deed. The new sidewalk easement deed seeks to update and validate the information for proper recording.
City Attorney Review:
Approved as to form and legal sufficiency.
Finance Department Review:
N/A
Funding Source:
N/A
Timing of Request:
Resolution of this issue is time sensitive as the development of this property is underway.