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Zoning File 11289 <br />November 15r 1989 <br />Page 2 of 4 <br />The City Council was asked to provide direction for both <br />applicants and staff in solving the access question for this <br />subdivision by first examining the City's rights in the use of <br />private roads with underlying public easements. Prior to the <br />presentation before Council, the City Attorney provided his <br />opinion (Exhibit D, "Regulation of the Use of Private Property") <br />based on State Code, similar case studies, Orono Codes, <br />Comprehensive Plan, and the easement forms adopted by the City. <br />It was the City Attorney's opinion that private roads with <br />underlying easements may benefit and be used by other properties <br />outside of the original subdivision if it was to provide <br />convenient and safe access. Further, he noted this could be <br />achieved by maintaining the road as a private road with <br />homeowners' associations providing for the maintenance and could <br />also be done by declaring the private road public and again with <br />private homeowners' association maintaining said public road. At <br />the October 23, 1989 meeting of the Council, the City <br />Administrator reviewed the applicants' previous inability to deal <br />with the developer of Rolling Meadows in amending the original <br />fee to be charged all future users of the roadway. In light of <br />the City Attorney's opinion, Mr. Bernhardson asked Council to <br />determine just how far they wished to exercise the City's <br />authority/power with the extension of a road through the <br />undeveloped corridor of Wear Lane North providing access to the <br />Interior lots within the Wills' subdivision. <br />Council requested that the applicants be directed to once <br />again attempt to work with the Homeowners' Association of Rolling <br />Meadows so that a private road could be constructed through the <br />undeveloped portion of the platted corridor. If applicant failed <br />in this attempt, the City would consider making Wear Lane North <br />(only the portion running north and south) a public road. The <br />cost of the extension, removal of the existing temporary cul-de- <br />sac and on-going maintenance would be at no cost to the City. <br />Wear Lane North, now a public road, would continue to be <br />maintained by private property owners. The City Administrator's <br />recommendation to Council suggests that the homeowners' <br />association of Rolling Meadows would be required to maintain the <br />roadway up to the temporary cul-de-sac portion and that future <br />owners within the Will subdivision would be responsible for the <br />maintenance of the roadway up to the newly defined cul-de-sac at <br />the north border of the property. <br />Review Exhibit F, Mr. Will has submitted a letter confirming <br />that he has been unable to reach any agreement with the <br />Homeowers' Association of Rolling Meadows. Mr Will requests <br />that the City take whatever f *-eps necessary so tha.. ***:cess can be <br />provided via the future road extension.