Title
AN ORDINANCE ACCEPTING THE DEDICATION OF THE PUBLIC STREET AND EASEMENTS ALONG FRANKLIN STREET, ENTERING INTO EASEMENT AGREEMENTS WITH PROPERTY OWNERS, AND VACATING A PORTION OF FRANKLIN STREET.
Brief Description: Staff is requesting to formally dedicate Franklin Street as a public right-of-way. This ordinance also includes a request to vacate an eight-foot-wide section of the proposed right-of-way along the west side of Franklin Street and a reservation of five-foot-wide sidewalk and utility easements. These new easements, which will be provided by adjacent property owners, will accommodate the construction of a new sidewalk and the installation of underground utilities.
Body
Legislative History
None
Purpose & Explanation
To improve safety for students and pedestrians walking to and from the Middle School, City staff commenced with the design a new sidewalk along Franklin Street. During the design process, staff discovered Franklin Street had never been officially dedicated to the city.
To address this, the City Solicitor recommended petitioning the Court to formally dedicate Franklin Street as a public right-of-way. Staff hired a professional land surveyor to verify the correct dimensions of the street's width. Staff also met with adjacent landowners to discuss the proposed project and the formal dedication of the road.
In July, the City Solicitor petitioned the court to officially recommend the dedication of Franklin Street as a public right-of-way. As the court has formally approved the City’s petition, staff is now requesting the City Council's agreement on the street's adoption as a public right-of-way.
This ordinance will also authorize the vacation of an eight-foot-wide segment of Franklin Street, a request made by the abutting landowners. Additionally, it will allow staff to proceed with the establishment of five-foot-wide easement agreements with the three (3) property owners on the west side of Franklin Street for the following parcels:
Parcel No. Address Property Owner(s)
3204105 180 Aurora Street James and Neille Vitale
3204106 136 Franklin Street Robert Dyer Jr. and Sara Dyer
3200220 132 Franklin Street Joshua and Gina Ney
See also attached exhibits for further reference.
With Council's approval, staff will develop the necessary maps, legal descriptions, and deeds. These documents will be used to publicly dedicate Franklin Street, vacate the eight new right-of-way, and establish new five-foot-wide sidewalk and utility easements. Staff will also enter into Easement Agreements with the applicable property owners. Once complete, the deeds and plat will be recorded with the Summit County Recorder’s Office.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
Other [provide explanation]
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes
X No
Recommendation
Suggested Action
Staff recommends City Council adopt the ordinance to formally dedicate Franklin Street as a public right of way, dedicate a portion of said right-of-way to abutting landowners and enter into easement agreements with the noted property owners.
Submitted by,
Thomas J. Sheridan, City Manager
Marshal Pitchford, City Solicitor
Brian Griffith, Assistant City Manager
Bradley Kosco, P.E., P.S., City Engineer