TITLE
Resolution to Officially Accept Certain Drainage Easements in the Magnolia Plantation Subdivision
BODY
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, N.C.G.S. §160A-11 authorizes cities to acquire and hold real property dedicated for public use; and,
WHEREAS, N.C.G.S. §160A-12 vests the power to exercise all municipal corporate powers of the city in the city council; and,
WHEREAS, the Whispering Pines stormwater improvement project anticipates making use of platted dedicated public drainage easements within the jurisdictional limits of the City of Wilmington.
THEREFORE, BE IT RESOLVED:
THAT, the City of Wilmington hereby accepts for ownership, operation, and maintenance the dedicated drainage easements described below and set forth in Exhibit A, attached hereto and incorporated by reference, that comprise a total of 131,957 sq. ft. at an approximate value of $435,458.
Magnolia Plantation - Section 1 appearing in Map Book 29, Page 187
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 - 30-foot drainage easement along the southern boundary of each lot,
Lots 19 and 20 - 30-foot drainage easement between lots 19 and 20,
Magnolia Plantation - Section 3 appearing in Map Book 32, Page 241
Lots 22, 23, 24, 25, 26, and 27 - 30-foot drainage easement along the southern boundary of each lot,
Magnolia Plantation - Section 4 appearing in Map Book 32, Page 389
Lots 28, 29 and 30 - 30-foot drainage easement along the southern boundary of each lot,
Lots 30 and 31 - 30-foot drainage easement between lots 30 and 31
Magnolia Plantation - Revision of Lots 4 and 5 Section 1 appearing in Map Book 36, Page 170
Lots 4 and 5 - 30-foot drainage easement between lots 4 and 5
THAT, this resolution shall not be interpreted in any way to relieve any developer, contractor, subcontractor, insurance company, owner, or other person of his lawful or several obligation under any ordinance, policy, or contract, or to otherwise reduce or eliminate the rights of the City, its agent, 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 or are entitled to.
THAT, the acceptance of dedication of these drainage easements 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.
THAT, the City will not maintain decorative landscape and hardscape elements within the easements being accepted.
THAT, this official acceptance shall become effective immediately upon adoption of this resolution.
THAT, if any section, subsection, paragraph, sentence, clause, phrase, or portion of this resolution is held for any reason invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable, and such holding shall not affect the validity of the remaining portions hereof.
THAT, this resolution is effective upon its adoption by City Council.