Title
Resolution Officially Accepting Public Streets and Storm Drainage Facilities within Woodlands at Echo Farms (Phase 3C), Ansley Park, and Arbor Commons
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, Article 7, §18-596 of the City’s Land Development Code (“LDC”) establishes provisions for City Council to approve additions to the City’s infrastructure, upon recommendation from the City Engineer; and,
WHEREAS, all street and drainage improvements in Woodlands at Echo Farms (Phase 3C), Ansley Park, and Arbor Commons have been constructed, dedicated as public, and offered to the City for ownership, operation, and maintenance, in accordance with Chapter 18 of the City’s LDC; and,
WHEREAS, the City Engineer has determined that the dedicated improvements and related appurtenances within the public rights-of-way, and within public drainage and sidewalk easements, have been constructed substantially to City standards and in accordance with City requirements; and,
WHEREAS, all streets offered for acceptance comprise a total of ).81 miles of streets which are eligible for Powell Bill Street Aid; and,
WHEREAS, 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 substantially to City standards, as identified in Exhibit ‘A,’ Exhibit ‘B,’ Exhibit ‘C,’ and Exhibit ‘D,’ attached hereto and incorporated herewith, and further detailed below:
Woodlands at Echo Farms, Phase 3C. The streets and associated easements comprise a total of 0.10 miles of streets eligible for Powell Bill Street Aid, as follows:
- Coosaw Place (50-foot right-of-way) as shown on Map Book 71 at Page 308.
- Public Drainage and Pedestrian/Sidewalk easements, as described in the following easement agreements: Deed Book 6589 Pages 2274-2279, Deed Book 6589 Pages 2268-2273 and Deed Book 6639 Pages 2465-2470.
The improvements are valued as follows:
Streets (base, pavements, curbs, and sidewalks) $150,498
Drainage (pipes, inlets, and manholes) $95,667
Land Value of Rights-of-way (0.77 acres) $250,103
Land Value of Easement (0.23 acres) $45,761
Total Value $542,029
Ansley Park. The streets and associated easements comprise a total of 0.43 miles of streets eligible for Powell Bill Street Aid, as follows:
- The entire length of Ansley Drive (41-foot right-of-way), as shown on Map Book 72 at Pages194-195.
- The entire length of Orchid Drive (60-foot right-of-way), as shown on Map Book 72 at Pages 194-195, to complete the connection of public right-of-way from Fairview Drive to Carolina Beach Road.
- Public drainage easements, as described in Deed Book 6612 Pages 500-505.
- Public pedestrian access easement, as shown Map Book 74 Pages 206-207.
The improvements are valued as follows:
Streets (base, pavements, curbs, and sidewalks) $348,114
Drainage (pipes, inlets, and manholes) $376,587
Land Value of Rights-of-way (1.77 acres) $308,408
Land Value of Easements (1.42 acres) $148,272
Total Value $1,181,381
Arbor Commons. The roadway and associated easements comprise a total of 0.28 miles of streets eligible for Powell Bill Street Aid, as follows:
- The entire length of Hollingsworth Drive (variable width right-of-way) from John D. Barry Drive to Peel Street, as shown on Map Book 63 at Page 336.
- Public drainage easement, as described in Deed Book 6640 Pages 834-842.
The improvements are valued as follows:
Streets (base, pavements, curbs, and sidewalks) $189,349
Drainage (pipes, inlets, and manholes) $83,229
Land Value of Rights-of-way (1.73 Acres) $188,635
Land Value of Easements (0.62 acres) $40,836
Total Value $502,049
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 to 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 and City Manager are authorized to execute any 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.