Title
William Court - Driveway Easement Agreement
History
William Court is located in the area of 140th Street. The street primarily serves a multi-family area, but also leads to a small village-owned facility. This facility was donated by George Eck in 1978/79 for the purposes of a well house. The parcel was landlocked and adjacent to the condo building at 9208 140th Street and the Grosskopf farm. At the time, there was a gravel drive utilized for access to all of these properties. The development of the three condo building lots in approximately 1980/81 brought the paved driveway which extended only to the condo parking lot and did not extend to the well house. In approximately 1984, the townhomes reconstructed the driveway and added the pavement ot the north which provided access to their parking as well as the former well house. The well was filled and capped and taken out of service in the 1990's leaving the building to be used by the Parks Department for storage of equipment as it remains today. Staff research shows no public dedication of ROW or easement in this area to allow the village access to the property. There are no records of any road maintenance costs or shared user agreements from prior years. All prior maintenance and repairs have been handled by the homeowners associations.
Staff was recently approached by the Concordia Condominium and Heritage Townhome Associations to request that the village consider paying a share in the costs associated with repaving the private road leading to their development and the village building. The road is in disrepair and is overdue for repaving.
For the entire driveway, approximately 9,600 sq. ft. of paving, the Association received ten quotes which they shared with the village Public Works staff to review. The association estimates the cost will be approximately $29,0000. The village facility is one of twenty-one buildings that utilize this roadway as a primary access. If the association chooses the low quote, which is now several months old and may be subject to increases, the village's share would be approximately $1500.00 - $2,000.00. The size of and number of vehicles used by Parks to retrieve equipment varies, but the site is not one of the primary storage facilities.
On September 19, 2011, this item was reviewed and approved by the Public Works and Engineering Committee. The Committee requested that staff look into restricting the tonnage of trucks accessing this driveway and to work with the Village Attorney to prepare a driveway easement agreement for William Court to address future consideration for access to this facility. Since that meeting, the Attorney has prepared the agreement however there continues to be a question about the ownership of the driveway as it may be divided among four homeowners associations (3 condo and 1 townhome) given the location. Staff will work with the associations to clarify who actually owns the access drive and will execute the agreement appropriately.
On October 12, 2011, the Townhome Homeowners Association representative asked about the possibility of increasing the reimbursement amount. Ms. Goble will likely be present at the Board meeting to ask for consideration of the request.
Financial Impact
$2,000.00 This item was not included in the FY2011 budget. Funds are available within the Street Department to fund this project.
Recommended Action/Motion
I move to approve cost sharing in the repaving of William Court in an amount not to exceed $2,000.00 as the driveway serves as primary access to the Village storage facility.
And
I move to approve the Driveway Easement Agreement - William Court to allow access to the Village facility located North of 140th Street and East of Catherine Drive.