Title
Resolution Officially Accepting Public Streets and Storm Drainage Facilities Within Phase 3 of the RiverLights Development and Phase A of the Wilmington Three Development
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, certain roads and infrastructure in the RiverLights development, including Phase 3 of the Del Webb Age Qualified development, and Phase 3 of the Single Family development, were constructed in 2018 by NNP-IV Cape Fear River, LLC, and are identified in attached Exhibits A and B to this resolution; and,
WHEREAS, certain roads and infrastructure in Phase A of the Wilmington Three development, also known as Element Barclay Station Apartments, were constructed beginning in 2022, and are identified in attached Exhibit C to this resolution; and,
WHEREAS, all street and drainage improvements referred to in this resolution have been constructed, dedicated as public, and offered for ownership, operation, and maintenance by the City, in accordance with Chapter 18 of the Wilmington Land Development Code; and,
WHEREAS, it has been determined by staff that the dedicated improvements and related appurtenances, within the public rights-of-way and within public drainage and sidewalk easements, have been constructed to City standards and in accordance with City requirements, and it is in the best interest of the City that the improvements be accepted as public.
THEREFORE, BE IT RESOLVED:
SECTION 1. The City of Wilmington hereby accepts for ownership, operation and maintenance the public improvements constructed to City standards, as identified in attached Exhibits A, B and C and further detailed below:
Riverlights - Age Qualified/Del-Webb Phase 3. The streets and associated easements are set forth in Exhibit ‘A,’ attached hereto and incorporated by reference, and comprise a total of 0.75 miles of streets eligible for Powell Bill Street Aid, as follows:
- Snowden Road (57-foot right-of-way), as shown on Map Book 64 at Page 42 and Map Book 65 at Page 223.
- Broomsedge Terrace (57-foot right-of-way), as shown on Map Book 65 at Page 223.
- Public drainage easements as shown on Map Book 65 at Page 223.
The improvements are valued as follows:
Streets (base, pavements, curbs, and sidewalks) $1,062,069
Drainage (pipes, inlets, and manholes) $ 356,892
Land Value of Rights-of-way (5.06 acres) $1,353,864
Land Value of Easement (0.78 acres) $ 125,313
Total Value $2,898,138
Riverlights - Single Family Phase 3. The streets and associated easements are set forth in Exhibit ‘B,’ attached hereto and incorporated hereby by reference, and comprise a total of 2.02 miles of streets eligible for Powell Bill Street Aid, as follows:
- The entire length of Conescu Loop (41-foot right-of-way), as shown on Map Book 64 at Page 187.
- Endurance Trail (57-foot right-of-way) from River Road to the intersection with Waves Point, as shown on Map Book 64 at Page 187 and Map Book 63 at Page 173.
- The entire Phase 3 portion of Edgerton Drive (variable width right-of-way), as shown on Map Book 64 at Page 187.
- The entire length of North and South Miracle Alley (26-foot right-of-way), as shown on Map Book 64 at Page 187.
- The entire Phase 3 portion of Wharton Avenue and Bradshaw Terrace (57-foot right-of-way), as shown on Map Book 64 at Page 187.
- The entire length of Cushman, Armstrong, Bufflehead, and Bullrush Alleys (26-foot right-of-way), as shown on Map Book 64 at Page 187.
- The entire length of Indigo Slate Way (57-foot right-of-way), as shown on Map Book 64 at Page 187.
- Public drainage easements as shown on Map Book 64 at Page 187.
The improvements are valued as follows:
Streets (base, pavements, curbs, and sidewalks) $1,816,966
Drainage (pipes, inlets, and manholes) $1,515,550
Land Value of Rights-of-way (12.41 acres) $3,593,491
Land Value of Easements (0.44 acres) $ 75,291
Total Value $7,001,298
Wilmington Three, Phase A. This project is also known as Element Barclay Station Apartments. The roadway and associated easements are set forth in Exhibit ‘C,’ attached hereto and incorporated hereby by reference, and comprise a total of 0.38 miles of streets eligible for Powell Bill Street Aid, as follows:
- Dusty Miller Lane (60-foot right-of-way), from Chippenham Drive to Breezewood Drive (including the roundabout), as shown on Map Book 72 at Page 361.
- The extension of Breezewood Drive (60-foot right-of-way), to Dusty Miller Lane, as shown on Map Book 72 at Page 361.
- Public drainage and pedestrian easements as shown on Map Book 72 at Page 361.
The improvements are valued as follows:
Streets (base, pavements, curbs, and sidewalks) $438,400
Drainage (pipes, inlets, and manholes) $280,246
Land Value of Rights-of-way (2.77 Acres) $543,326
Land Value of Easements (0.298 acres) $ 35,070
Total Value $1,297,042
SECTION 2. This resolution shall not be interpreted in any way to relieve any developer, contractor, subcontractor, insurance company, owner, or other person of his individual or several obligations under any ordinance, policy, or contract, or to otherwise reduce or eliminate the rights of the City, its agents, and employees against any other party connected with or in any way related to the development of these subdivisions or the installation, operation, and maintenance of all public facilities within said subdivisions. Furthermore, this resolution is not to be interpreted as a waiver of any defense or immunities which the City, its agents, or employees may assert or have been entitled to.
SECTION 3. All rights, privileges and warranties of whatsoever nature and kind, for equipment, supplies, materials, goods, and services shall be assigned to the City, and any and all benefits derived therefrom shall inure to the City, its agents, and employees. Such acceptance is conditioned upon the owners covenanting and warranting that they are lawfully seized and possessed of all the property dedicated to the public; that they have good and lawful authority to dedicate the same to the public for the stated purposes; that the property is free and clear of any deed of trust, mortgage, lien, or assessments, and that the said dedicators for their heirs, successors, executors, administrators, and assigns, covenant that they will warrant and defend the dedication of such public facilities against any and all claims and demands whatsoever.
SECTION 4. The acceptance of dedication of these facilities does not obligate the City to construct, install, maintain, repair, replace, extend, improve, build, or operate any public facilities or utilities which are not in existence as of the date of the adoption of this resolution. Nor shall such acceptance obligate the construction of any main, line, pipe lateral, or other extension nor permit connection to the City's drainage or other public utility system.
SECTION 5. Upon acceptance, the City will maintain required public infrastructure only, including sidewalks, pavement, curbing and drainage. The City will not maintain decorative landscape and hardscape elements within right-of-way or easements being accepted. The City Attorney’s office and City Manager are authorized to execute necessary landscape agreement(s).
SECTION 6. The improvement(s) described above and hereby officially accepted by the City of Wilmington, shall be subject to a guarantee of materials and workmanship by the developer, at developer expense, for a period of eighteen (18) months from the date of official acceptance by the City.
SECTION 7. This official acceptance shall become effective immediately upon adoption of this resolution.