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7.1 Mariposa, Cornerstone Development Agreement CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 04/27/2009 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: ITEM NO. Page 1 CITY ATTORNEY BY: BY: Greg Bengtson ITEM: Resolution No. 09-6618 - A resolution approving an Agreement Among Mariposa Homeowners Association, Cornerstone Development Group, LLC, and the City of Salina, Kansas. BACKGROUND: Mariposa Pond and Drainaqe Structure. The Mariposa Subdivision is shown on the enclosed aerial depiction. The Mariposa Homeowners Association (the "Association") holds title to the area shown as "Mariposa Park Common Area" on the March 1989 Final Plat of Mariposa Addition. The Association granted an Easement as Mariposa Park Common Area for Primary Storm Water Runoff Detention dated March 1, 1990 (the "Mariposa Pond") to construct, maintain, and operate a primary storm water runoff detention structure, including, but not limited to, an earthen dam, an inlet orifice structure with trash racks, an elliptical corrugated metal pipe, an outlet channel and spillway, and concrete erosion control structure (the "Drainage Facilities"). The Mariposa Pond and the Drainage Facilities are labeled on the enclosed aerial depiction. The Association executed Covenants (to Maintain Storm Water Detention Structure) dated March 1, 1990, under which lot owners, along with the Mariposa Homeowners Association, are responsible for and agree to maintain and to keep in a good state of repair to the satisfaction of the City the Drainage Facilities. The Association currently maintains the Mariposa Pond and the Drainage Facilities. Proposed Development of Grand Prairie Addition. The proposed development of Grand Prairie Addition by Cornerstone Development Group, LLC ("Cornerstone") presented the need to examine matters relating to post-development storm drainage and the sanitary sewer easements necessary to connect Grand Prairie Addition to the existing public sanitary sewer system. Post Development Storm Drainaqe. While Cornerstone's proposal meets City requirements for post-development storm water detention, its post-development storm water drainage flows from Grand Prairie Addition across the Municipal Golf Course and into the Mariposa Pond. As noted below, at full development Grand Prairie Addition will contribute 27.6 % of the post-development run off volume flowing into the Mariposa Pond. Sanitary Sewer Connection. Cornerstone needs a means of connecting sanitary sewer service to Grand Prairie by constructing a sanitary sewer line across the Municipal Golf Course and connecting to an existing public sanitary sewer line at the north end of Mariposa. Cornerstone can either make that connection through an existing utility easement running along the boundary between Mariposa and Eastridge Addition (the "north route") or a proposed connection running through Mariposa Park Common Area (the "south route"). Both routes are depicted on the enclosed aerial. The north route would require removal of significant existing landscaping and fencing and would result in more expense for Cornerstone. The south route appears to better serve the interests of all parties. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 04/27/2009 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: ITEM NO. Page 2 CITY ATTORNEY BY: BY: Greg Bengtson Proposal for sharinq of cost of future repairs to the Drainaqe Facilities and the Grant of a Sanitary Sewer Easement. The proportionate shares of volume of post-development runoff into the Mariposa Pond from its watershed have been calculated to be: City-at-Iarge (golf course, Eastridge, Haworth Tract, Cedar Ridge) Mariposa (Blocks 1- 6) Grand Prairie Addition TOTAL Under the proposed agreement: 053.6% 018.8% 027.6% 100.0% Cornerstone would pay a lump sum of $20,000 to Mariposa in exchange for the utility easement from Mariposa necessary for the south route and as its one-time contribution toward future repairs of the Drainage Facilities. The City would at this time correct an area of erosion at the head of the small flume directing run- off from the golf course and would continue regularly scheduled inspections of the Drainage Facilities. The City would agree to share in the cost of any future required repairs to the Drainage Facilities to the extent of the City-at-Iarge percentage share (53.6%) of post-development run-off. The City would also be responsible for periodically inspecting the Drainage Facilities (The City would reserve the right to recover the shares attributable to undeveloped, privately-owned tracts within the city-at-Iarge area.) Mariposa would continue to provide routine, ongoing maintenance of the Drainage Facilities and the Mariposa Pond. Mariposa would be responsible for the cost of future repairs to the Drainage Facilities to the extent of the combined percentage share (46.4%) of post-development run-off, including Mariposa (18.8%) and Grand Prairie Addition (27.6%). Mariposa would receive the $20,000 payment from Cornerstone and would grant the public utility easement required for the south route. If Mariposa fails to maintain the Drainage Facilities and the Mariposa Pond or to pay its share of repairs to the Drainage Facilities, the City will be able to complete the work and assess the costs against the Association and individual lot owners pursuant to the existing covenants. Policy Considerations. Both the Association and Cornerstone have indicated their approval of the proposed agreement. While the City is not legally required to pay a share of future repair costs, the City's participation under the proposed agreement is a question of the governing body's sense of the equity of the matter as development has occurred in the Mariposa Pond drainage basin. Staff recommends that the City participate in the expense of future repairs to the Drainage Facilities on the basis of the city-at-Iarge proportionate share of drainage CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 04/27/2009 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: ITEM NO. 1 Page 3 BY: Greg Bengtson into the Mariposa Pond, particularly from the Municipal Golf Course. The need for future repairs to the Drainage Facilities is minimized by the Association's ongoing maintenance and the City's periodic inspection of the Mariposa Pond and the Drainage Facilities. CITY ATTORNEY BY: Aqreement. The actual agreement is being prepared and will be available at the City Commission meeting. FISCAL NOTE: The City's ongoing financial obligation under the proposed agreement is limited to the cost of staffing the periodic inspections of the Drainage Facilities. The City's future financial obligation will be its proportionate share of any future costs of repair to the Drainage Facilities. The Drainage Facilities have been inspected by the City and are currently in a good state of repair and maintenance. COMMISSION ACTION: Approve Resolution No. 09-6618. ~. ' lei ~'..., "' , . ", . .