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Item 4D M E M O R A N D U M December 30, 2008 TO: Shana Yelverton, City Manager FROM: Ken Baker, Director of Planning and Development Services SUBJECT:Approve deferral of construction of a sidewalk required on Lot 13, Block 1, Stratfort Gardens located at 325 Edinburgh Court and allow funds to be escrowed for the future construction. ___________________________________________________________ Action Requested: Approve deferral of construction of a sidewalk (internal trail) required on Lot 13, Block 1, Stratfort Gardens located at 325 Edinburgh Court and allow funds to be escrowed for the future construction. Background Information: On September 19, 2006, City Council approved the Stratfort Gardens concept plan and zoning change to allow a 14 residential lot subdivision. The property is located south of W. Southlake Boulevard and west of White Chapel Boulevard between the Stratfort Parc subdivision and the Lake Crest subdivision. The approved concept plan indicates that a 5’ sidewalk (internal trail) will be constructed with the development of the subdivision. The sidewalk runs from the northern property line of the subdivision to the southern property line and will eventually provide connectivity to the FM 1709 trail (through the office/commercial portion of Stratfort Gardens), White Chapel Boulevard (through the Lafavers’ property once developed) and an existing sidewalk in the Timber Lake subdivision (through the Lafavers’ & Malik’s properties once developed) (See attachments A, B & C). On December 7, 2008, Ms. Carey O’Conner, the future owner of the 325 Edinburgh Court, contacted the city via e- mail and formally requested deferral of the construction of the sidewalk until such time as the property to the south was developed. Ms. O’Conner’s e-mail stated that the basis for the request was potential safety concerns (See attachment D). On December 8, 2008, the city responded to Ms. O’Conner and indicated that the city staff could not approve deferral of the sidewalk construction administratively since it was a Shana Yelverton, City Manager City Council Meeting Date – December 30, 2008 Page 2 of 8 condition of the zoning approval and concept plan and that deferral of the sidewalk construction must be approved by City Council. As such, this item has been placed on the agenda. If City Council approves the request, it is staff’s recommendation that the following be completed prior to a final certificate of occupancy being issued on the home: 1) Preparation of an agreement that indicates that the sidewalk at 325 Edinburgh Court (Lot 13, Block 1) will be constructed at such time as the property to the south is developed (530 South White Chapel Boulevard) and a sidewalk connection is available. This agreement will be a covenant running with the land, and be binding on any future owners of Lot 13, Block 1. Accordingly, the City will file the Agreement in the deed records of Tarrant County, Texas. 2) Escrow amount paid in full. A draft agreement is attached (See Attachment E). Financial Considerations: None Financial Impact: None Citizen Input/ Board Review: None Legal Review: The City Attorney’s Office has reviewed the agreement. Alternatives: Deny the request. Supporting Documents: Attachment A – Stratfort Gardens Concept Plan (Landscaping Plan); Attachment B – Stratford Gardens Plat Attachment C – Sidewalk Master Plan Map Attachment D – Applicant’s request e-mail Attachment E - Draft agreement Shana Yelverton, City Manager City Council Meeting Date – December 30, 2008 Page 3 of 8 Attachment A Shana Yelverton, City Manager City Council Meeting Date – December 30, 2008 Page 4 of 8 Attachment B Shana Yelverton, City Manager City Council Meeting Date – December 30, 2008 Page 5 of 8 Attachment C Attachment C Shana Yelverton, City Manager City Council Meeting Date – December 30, 2008 Page 6 of 8 Attachment D Sent: Sunday, December 07, 2008 10:16 PM To: Ken Baker Subject: Planning Department Question Ken, My name is Carey O'Connor. Several friends who live in Foxborough recommended I contact you with my planning question. They told me that you were fair, practical and professional in your dealings with the community. I am writing to ask whether the City of Southlake can temporarily delay the construction of a sidewalk on my property because, right now, the potential sidewalk poses more of a safety risk than a benefit to the residents of Southlake. My fiancé, Chris Crump, and I recently purchased lot 13 in the new Stratford Gardens subdivision which is off White Chapel at Southlake Boulevard. The City of Southlake has a public access easement ("PAE") on the west side of lot 13. The PAE runs between our house and the backyard of 307 Canyon Lake Drive, which is not fenced in. I understand that the City placed the PAE on lot 13 so that it could connect Stratford Gardens with the undeveloped land behind the Feedstore at 530 South White Chapel Boulevard, if that land was sold and developed into a neighborhood in the future. The potential sidewalk will not provide any benefit to the residents of Southlake right now because it does not connect to anything. It dead-ends into the cow pasture behind the Feedstore. On the other hand, the potential sidewalk is a safety risk as it essentially invites people into our backyard and 307 Canyon Lake Drive's backyard. This is problematic while Stratford Gardens is under construction because of the numerous construction crews which occupy the area. Once construction at Stratford Gardens is complete, the sidewalk will not pose a significant safety risk because the area will be occupied by our neighbors instead of a rotating group of strangers. The potential for crime will be much lower. I am sure the City would be concerned that it retains its right and ability to construct the sidewalk in the future. That concern is to easy address. The City has a PAE on the title to the land - it is illegal for anyone who owns Lot 13 (Chris and I or a future owner) to build a permanent structure on the PAE. We certainly do not intend to do so. Additionally, the developer, Bobby Harrell, has agreed to put the money he would have spent to build the sidewalk now in escrow for the City's use at any point in the future. I am not sure what I need to do in order to get the City to consider my request and am hoping you can provide me some direction. Thank you in advance for your help and guidance. Carey A. O'Connor Shana Yelverton, City Manager City Council Meeting Date – December 30, 2008 Page 7 of 8 Attachment E AGREEMENT REGARDING PUBLIC ACCESS EASEMENT ACROSS LOT 13, BLOCK 1, STRATFORT GARDENS ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS 1. Parties. The parties to this Agreement (hereinafter referred to as “the Agreement”) are Christopher L. Crump and Carey A. O’Connor, the owners of Lot 13, Block 1 of the Stratfort Gardens Addition in Southlake, Texas (hereinafter referred to as “the Owners”) and the City of Southlake (hereinafter referred to as “the City.”) 2. Background. When the Stratfort Gardens Addition was developed, the City obtained and recorded a public access easement on the west side of Lot 13, Block 1 in order to build a sidewalk to connect Stratfort Gardens with any addition or other development which may be built in the future on the currently undeveloped land at 530 South White Chapel Boulevard in Southlake, Texas. The Owners purchased Lot 13, Block 1 on January 29, 2008 and subsequently constructed a home on the land. The Owners’ home does not currently have any permanent structures on the public access easement. 3. Postponement of Sidewalk Construction. Because the land at 530 South White Chapel Boulevard is not currently developed and there are no current plans to develop the land, the City has determined that the planned connecting sidewalk on the west side of Lot 13, Block 1 is not immediately needed. Accordingly, the Parties agree to postpone construction of the sidewalk until the land at 530 South White Chapel Boulevard is developed and a sidewalk connection is available on that land to Lot 13, Block 1. The Owners agree that they will not build a permanent structure on the public access easement so that the easement is available for the City when the sidewalk must be constructed. 4. Sidewalk Funds. Owners and the City have arranged for the developers of Stratfort Gardens, Terra Land Management, Inc., to give the City Four Thousand Six Hundred Twenty Dollars and no cents ($4,620.00 – Dollar amount to be verified by Public Works) (hereinafter referred to as “the Sidewalk Funds”) within ten business days of the Parties’ execution of this Agreement. The Parties agree that the Sidewalk Funds are to compensate the City for the future expense it will incur in building the sidewalk. The City will arrange for the Sidewalk Funds to be placed in an interest-bearing account until needed for construction of the sidewalk. If the land at 530 South White Chapel Boulevard is not developed within the next thirty years, or the City otherwise determines that the afore-described sidewalk is not necessary or desirable, the City will return the Sidewalk Funds, less reasonable administrative charges and expenses, to Terra Land Management, Inc. or its successors or assigns. 5. Title to Lot 13, Block 1. The Parties agree that this Agreement will be a covenant running with the land, and be binding on any future owners of Lot 13, Block 1. Accordingly, the City may file the Agreement in the deed records of Tarrant County, Texas. Shana Yelverton, City Manager City Council Meeting Date – December 30, 2008 Page 8 of 8 6. No Waiver of Use. Nothing contained in the Agreement prohibits the City from using the easement described herein owned by the City in any way consistent with the City’s rights during the period until the sidewalk described herein is constructed. ________________________________ ______________________________ Carey A. O’Connor Date STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the _____ day of ____________________, 2009, by Carey A. O’Connor. Notary Public in and for the State of Texas ________________________________ ______________________________ Christopher L. Crump Date STATE OF TEXAS § COUNTY OF TARRANT §