REPORT TO COUNCIL
SUBJECT
Title
Action on the Agreement and Covenant Running with the Land to Allow Private Improvements within the Public Right-of-Way at 3505 Kifer Road
Report
BACKGROUND
On November 29, 2016, City Council approved the SummerHill development proposal (Project) to construct 994 dwelling units, 39,225 square feet of retail and amenity space, associated parking, landscaping, and site improvements, including parks and recreation space, on a 29.4-acre parcel on the property located at 3505 Kifer Road, which is located within the Lawrence Station Area Plan. Included within the Project was a proposal by Summerhill to install and maintain private improvements including private street lights, wood chaises, wood and metal benches, and private irrigation facilities within the public right-of-way fronting their property. Staff reviewed this proposal, did not find any concerns with the improvements and tentatively agreed to the proposal with a condition that the property owner execute an agreement with the City for the long-term operations and maintenance of these private improvements that SummerHill is requesting to retain and maintain.
DISCUSSION
The private improvements were reviewed, permitted and are being constructed as part of the encroachment permit issued for the project and the attached agreement and covenant running with the land (Agreement) is required for the property owner to properly operate and maintain the private improvements. In the event the improvements are ever required to be removed in the future, per the agreement, the property owner must remove them (or portions thereof) at their sole cost within 60 days of written notification from the City. The improvements will beautify the City's right-of-way at no cost for construction or maintenance.
ENVIRONMENTAL REVIEW
The Environmental Impact Report prepared for the Lawrence Station Area Plan, which included the SummerHill development, was approved by the City Council on November 2...
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