HomeMy WebLinkAbout[07] Jasmine Lane
7
Council Agenda Item
MEETING DATE: April 20, 2015
AGENDA ITEM: Jasmine Lane Extension
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: In 2005 the City entered into a Development Agreement with Lumber
One for the development entitled Northland Heights. The proposed subdivision would include two
phases which were referenced in the Agreement. One of the provisions included in the Agreement is
the responsibility of Lumber One to build the extension of Jasmine Lane to Northland Drive. The matter
again came to light in 2008 when the City was discussing the proposed subdivision Cresent Hills,
adjacent to Northland Heights and CR 133. The economic slowdown occurred and housing came to a
standstill.
BACKGROUND INFORMATION: The property where Jasmine Lane is to be extended was not under the
ownership of Lumber one in 2005 and the records indicate that Lumber One was to secure an easement
st
for the water line that connects the 1 Phase of Northland Heights to the water main in Northland Drive.
Unfortunately the easement was not received and the City has a water line without an easement on
private property. At the time of the development, the property was owned by Armaline Rothfork and
has since changed hands to the Flynn’s.
When the proposed road extension was illustrated, it showed serving approximately 10 lots. From
Jasmine Lane a road with a cul-de-sac would be constructed. Over the past years the City has had
discussions with the Flynn’s regarding the water line and proposed road. The City has the ability assert
easement rights through prescriptive easement, which only allows for the minimum property needed to
maintain the line.
At this time the Flynn’s have sold the property to Kevin Cox who is looking to develop the property.
Staff has contacted and meet with Lumber One regarding the need to build the road. It is questionable
whether or not the provision in the development agreement is still valid as it may be subject to statute
of limitations. The only way to find out is to enter into a lengthy and costly legal battle and let a judge
make the decision. As an alternative, Lumber One has agreed to pay $ 75,000 for the road, with a road
cost estimated at $ 195,000. Cox and his partner are requesting the City contribute to the cost of the
road as we have a utility line on private property and they believe the City has a responsibility to enforce
their agreements. As an alternative, the City could consider paying the $ 19,844 for a 20 foot water line
easement ($ .457/sf, 43,423 sf) and paying for the storm water for the portion of Jasmine Lane only, up
to $ 22,222 (based on bid prices). This project is listed in the City five year CIP and if approved it would
be added to the financing for the 2015 Street Improvement, done at the same time, since part of the
project is in this area.
BUDGET/FISCAL IMPACT: $ 42,066 added to debt service, paid through Levy
REQUESTED COUNCIL ACTION: Provide direction to staff
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