Title
Resolution Officially Accepting Certain Drainage Easements Within the Oak Forest and Seaspray Landing Subdivisions
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, N.C. Gen. Stat. §160A-11 authorizes cities to acquire and hold real property dedicated for public use; and,
WHEREAS, N.C. Gen. Stat. §160A-12 vests the power to exercise all municipal corporate powers of the city in the city council; and,
WHEREAS, the City’s Drainage Easement Policy allows acceptance of platted, dedicated, public drainage easements within the jurisdictional limits of the City of Wilmington; and,
WHEREAS, certain platted drainage easements in the Oak Forest and Seaspray Landing subdivisions have been dedicated for public use, and the City desires to accept such easements for ownership, operation, and maintenance purposes.
THEREFORE, BE IT RESOLVED:
SECTION 1: The City of Wilmington hereby accepts for ownership, operation, and maintenance, the dedicated drainage easements in the Oak Forest subdivision, described below and set forth in Exhibit A, attached hereto and incorporated by reference, which comprise a total of 5,710 sq. ft., at an approximate value of $10,278:
Oak Forest (Revision Lots 20-28) - appearing in Map Book 11, Page 31.
Lots 20, and 21 - 30-foot drainage easement between lots 20 and 21.
SECTION 2: The City of Wilmington hereby accepts for ownership, operation, and maintenance, the dedicated drainage easements in the Seaspray Landing subdivision, described below and set forth in Exhibit B, attached hereto and incorporated by reference, that comprise a total of 24,302 sq. ft., at a fair market value of $87,487:
Seaspray Landing, Section 1A - appearing in Map Book 38, Page 31.
Being all that area shown as 30’ Drainage Easement within the Well Site,
30’ Access and Drainage Easement within the Detention Pond Site,
and all of that area shown as 30’ Drainage Easement adjacent to lots 103 and 104, Sandcastle Court, and within the Buffer Area.
SECTION 3: 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 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 or are entitled to.
SECTION 4: 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.
SECTION 5: The City will not maintain decorative landscape and hardscape elements within the easements being accepted.
SECTION 6: 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.
SECTION 7: This official acceptance shall become effective immediately upon adoption of this resolution, and this resolution is effective upon its adoption by City Council.