06-08-1998 Council Packet - Laserfiche WebLink

Home Browse Search

#2372 - Haglund - Preliminary Subdivision June 3, 1998 Page 3 Road Access. Access to the public/private road is an issue which applicants have been attempting to resolve. North Arm Lane is a 33' privately owned corridor upon which exists a gravel road averaging 15 in width. The owner of record is Jean T. Armstrong. The Armstrong family owns the property to the north. Curiously, the City has maintained this 'private' road for many years, at least back to the 1960 s, although the City has no apparent documented easement over it, only a prescriptive easement over the traveled and maintained portion by virtue of the history of City maintenance. The City Attorney has indicated it is unlikely the City can claim an easement over the entire 33', but probably has a good claim over the portions maintained and/or used for public purposes (i.e. the gravel surface and some portion of the shoulder). The applicants have been advised they must obtain an easement for access from the Armstrongs (or provide evidence that such an easement exists) in order for the lot to be considered as fronting on a public or private road. Applicant has made this contact and appears to be able to provide this documentation. Without such an easement, access would have to be from the south, forcing this into a from back lot situation and significantly affecting the proposed plat layout. The traveled road crosses applicants' property and the neighboring property to the south near the entrance to North Arm Drive. Note that the portion of traveled road on the neighboring property to the south is near the new mound septic system on that property. It is unknown whether the City has formal easements for the portions of road existing on applicants property and on neighboring properties, although these are also likely only prescriptive. Road Standards . are two that come to mind) where additional use on a • r upgrades. In each case, staff has recommended that the road be upgraded to be more m conformity with City standards, and that additional right-of-way be dedicated. In this case, staff recommends that 8.5' of roadway be dedicated along the east side of Pjoperty adjacent to the 33 ’ corridor; also that additional right-of-way be dedicated at the south end of the propel ly where the existing traveled road crosses it; and that a portion of cul-de-sac be dedicated at the northeast end of the property (See the staff sketch). Note that the City has required dedication of 17' and 8.5' of additional right-of-way fro^^st subdivisions along the east side of the 33' corridor. During the Markoe Addition platting m 1992, the City concluded that both sides of the road should give up additional right-of-way to eventually result in a 50' corridor.