Title
Resolution Officially Accepting Public Streets and Storm Drainage Facilities Within Switchyard Road and Dalmatian Lane
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, certain street and drainage improvements have been constructed and completed within Switchyard Road and Dalmation Lane, which are located in the City of Wilmington; and,
WHEREAS, said improvements have been dedicated as public, and offered for ownership, operation, and maintenance by the City, in accordance with the Chapter 18 of the City of Wilmington’s Land Development Code (“LDC”); and,
WHEREAS, it has been determined by City staff that the dedicated improvements and related appurtenances within the public rights-of-way and public drainage easements have been constructed to City standards and in accordance with City requirements; and,
WHEREAS, staff believes 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 and completed as part of the Switchyard project, which are set forth in Exhibit ‘A,’ attached hereto and incorporated by reference, and which comprise a total of 0.30 miles of streets eligible for Powell Bill Street Aid, as follows:
- The 0.25 mile section of Switchyard Road (30 foot right-of-way) from Market Street to the railroad right-of-way, as shown on Map Book 75 at Page 179.
- The entire length of Dalmatian Lane (60-foot right-of-way), as shown on Map Book 75 at Page 179.
- Sidewalk and Drainage easements recorded at Deed Book 6738 at Pages 1701-1705 and Deed Book 6738 at Pages 1696-1700.
The improvements are valued as follows:
Streets (base, pavements, curbs, and sidewalks) $264,260
Drainage (pipes, inlets, and manholes) $46,626
Land Value of Rights-of-way (1.20 acres) $183,355
Land Value of Easements (0.39 acres) $35,462
Total Value $529,703
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.
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.