09 - Laserfiche WebLink

During construction of the residential building located at 3802 Stanley Boulevard (Lot 7 of Tract 8245), Meritage Homes discovered that the building as originally designed and approved, encroached approximately 2.3 feet onto the newly created existing 23.65-foot wide PSE (see Attachment 2). As the exhibit shows, Lot 7 is the westernmost lot on the north side of the newly created McKinley Lane. As such, it sits differently on the lot due to the location and slight curvature of Stanley Boulevard, which is located to the north (on the other side of Lot 7). The land mapping engineer working for Meritage who prepared the final map maintained the width of the PSE on the north side of McKinley Lane for its entire length without considering how the house was to be built on the lot. This error occurred because, after entitlement of the project through Planning Commission and City Council, the land mapping documents are finalized with the public infrastructure improvement plans, but the plans which show the lay-out of the houses on the lots follows a separate building permit process. While separate permits, all the documents and plans must coincide. On rare occasions something like this occurs. Now, although the house is constructed as planned on Lot 7, since it encroaches into the PSE, the home cannot be sold until this error is corrected and the title cleared. As stated in the background, Meritage has requested the City vacate a 4-foot wide portion of the existing PSE. The new 8-inch diameter water main and the new joint trench constructed in the PSE is well outside the 4-foot wide portion of the PSE that Meritage has requested be vacated (see Attachment 3). Staff also confirmed there is no other utility services within the 4-foot wide portion. While it is clear the PSE in its current configuration was created in error, the process to vacate the portion of PSE as requested must follow the normal process. As such, "intent to vacate" notifications were provided to all utility companies having rights to enter the PSE on September 16, 2019. As is required, the utility companies had a 30-day opportunity to request the City reserve their easement rights. None of the utility companies have requested the portion of the easement be maintained. Meritage has created the plat and legal description necessary to process the vacation. Staff has reviewed the documents and they are accurate (Attachment 4). Staff recommends that City Council approve the attached resolution (Attachment 5). The vacation documents, including the plat and legal description, will then be filed with the County Recorder. Submitted by: Fis I eview: Approve 'by: t't l( i ___(- Stephen irk atrick Tina Olson Ne son Fialho Director o gineering Director of Finance City Manager Attachment: 1. Vicinity Map 2. Exhibit Depicting Encroachment of Residential Building at 3802 Stanley Blvd. 3. Exhibit Depicting the 4.0-foot Wide PSE to be Vacated 4. Plat and Legal Description for Vacation of a Public Service Easement 5. Draft Resolution Page 3 of 3