20 - Laserfiche WebLink

The Keir & Wright research is thorough, including the history of the land divisions affecting the proposed project, beginning with the land division completed in 1894 by the Oakland Land and Improvement Company that divided an approximately 1/2 - mile by 1/2 - mile square area into lots served by private street easements, through six subsequent subdivisions that occurred since 1974 that result in the current property boundaries. Where necessary, Kier & Wright augmented its research with field-surveys. The summary of the Kier and Wright narrative is that the properties and street rights-of- way shown on the proposed PUD development plan are accurate; that the final parcel and subdivision maps completed from the 1894 land division and then from the mid- 1970's onward by six separate Civil Engineering firms are consistent with each other; that Cameron Avenue as constructed "on the ground" matches the legal descriptions of the street improvements; and that the legal description prepared for the deed that was intended to transfer the private street rights-of-way by 3710 Cameron Avenue and 1781 Courtney Drive from the Zottis, who owned these properties at the time that the deed was prepared, to the City is also consistent with the maps, descriptions, and the location of the constructed streets. Staff, therefore, remains satisfied that the design/engineering plans prepared for this project, as well as the plans that were prepared for the previous project used by staff to review the previous and current proposals, are accurate and correctly describe the Lehman-Selway property and the proposed project. Will the proposed project "over burden" the private roadway easement underlying the Cameron Avenue right-of-way? The term "over burden" is understood to mean, "use the easement for more than its intended purpose." The original private road easement on the 1894 map was intended to provide access to all members of the public; property owners and non property owners alike. Although two portions of the private roadway easement are privately owned and have not been converted to public right-of-way, these streets still serve the intended purpose of providing all members of the public access to adjacent properties and the rights to pass through the properties. The Lehman-Selway property project does not propose any change to the use of Cameron Avenue that will "over burden" or change the intended use of Cameron Avenue. The 1894 land division completed by the Oakland Land and Improvement Company created Cameron Avenue as a 58-foot wide private street intended to provide access to the Oakland Land Company lots. The 1894 map itself is silent on the purpose of the private roadway easement — research conducted by Kier & Wright into the deeds and maps did not uncover any reference to a "private roadway easement" in the legal descriptions of the adjacent properties. However, based on how these roadways have been used from the 1890's to the present time, it is assumed that the easement was for roadway purposes benefitting the owners of the lots in this subdivision, anyone visiting the lots, and anyone passing through these lots. The private road easements provide 2