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File #: 17-0478    Name: Accept Deed of Easement as a condition for the approval of Tract Map No. 5490
In control: Public Works & Planning
On agenda: 7/11/2017 Final action: 7/11/2017
Enactment date: Enactment #:
Title: Accept the Deed of Easement from Michael Ohashi, Trustee, for Road Right-of-Way Dedication on the east side of Bethel Avenue, south of North Avenue, on behalf of D.R. Horton CA3, Inc., and authorize the Director of Public Works and Planning to execute the Buyer's Estimated Settlement Statement and Escrow Instructions in conjunction with the City of Sanger, as a condition of the approval of Tract Map No. 5490.
Attachments: 1. Agenda Item, 2. Exhibit A-B, 3. Deed of Easement, 4. Buyer's Estimated Settlement Statement, 5. Escrow Instructions

DATE:                     July 11, 2017

 

TO:                     Board of Supervisors

 

SUBMITTED BY:                     Steven E. White, Director

                     Department of Public Works and Planning

 

SUBJECT:                     Right-of-Way Dedication - City of Sanger Tract Map No. 5490 Acceptance of Deed of Easement for Road Right-of-Way Dedication

 

RECOMMENDED ACTION(S):

TITLE

Accept the Deed of Easement from Michael Ohashi, Trustee, for Road Right-of-Way Dedication on the east side of Bethel Avenue, south of North Avenue, on behalf of D.R. Horton CA3, Inc., and authorize the Director of Public Works and Planning to execute the Buyer’s Estimated Settlement Statement and Escrow Instructions in conjunction with the City of Sanger, as a condition of the approval of Tract Map No. 5490.

REPORT

Approval of the recommended action will authorize acceptance of road right-of-way dedication as a condition for the approval of Tract Map No. 5490, for a 58-lot subdivision approved by the City of Sanger and affirmed by the County upon the condition that D.R. Horton CA3, Inc., (Developer) dedicates the above referenced Deed of Easement for road right-of-way to the County, as shown on Exhibit A attached.

 

ALTERNATIVE ACTION(S):

 

Your Board may choose to reject the dedication of road right-of-way. Rejecting the dedication would prevent the Developer from meeting the conditions of Tract Map No. 5490. As a result, the City of Sanger would not accept the subdivision or release the Developer’s security bond.

 

FISCAL IMPACT:

 

There is no Net County Cost associated with this recommended action.  The Developer will pay all costs associated with acquiring the subject road right-of-way within the unincorporated area of the County.

 

DISCUSSION:

 

The City of Sanger approved, and the County affirmed, Tract Map No. 5490 upon the condition the Developer will dedicate 20 feet of road right-of-way within the unincorporated area of the County.  The 20 foot dedication begins at North Avenue, extending south 368.23 feet along the east side of Bethel Avenue.

 

Tract 5490 is a 58-lot subdivision, a subsection and phase of a 60 acre development of 186 single family residential lots and 16 multiple-family residential lots constructed in the City of Sanger.  The final map was recorded in 2005, and has been developed in phases. Some of the necessary improvements for the first phase of the development were constructed in 2006, however the City of Sanger will not accept the subdivision or release the Developer’s security bond until the subject road right-of-way dedication is vested in the County of Fresno and the required road improvements are constructed, inclusive of a left-hand turn lane from northbound Bethel Avenue onto westbound North Avenue.

The Development is within the City of Sanger, however the road right-of-way dedication is just south of the City limits, in the unincorporated area of the County, as shown on Exhibits A and B attached. The City has no imminent plans to annex additional parcels south of North Avenue. This dedication was required by the County to assure a left-hand turn lane is constructed from northbound Bethel Avenue onto westbound North Avenue to mitigate the anticipated increase in traffic resulting from the subdivision.

 

ATTACHMENTS INCLUDED AND/OR ON FILE:

 

Exhibit A

Exhibit B

On file with Clerk - Deed of Easement

On file with Clerk - Buyer’s Estimated Settlement Statement

On file with Clerk - Escrow Instructions

 

CAO ANALYST:

 

John Hays