08/26/74 Board of Public Works Minutes

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REGULAR MEETING AUGUST 26, 1974 REPORT FROM AREA PLAN COMMISSION RE: DEDICATION OF A PART OF O'BRIEN STREET The following report was received from the Area Plan Commission: "Gentlemen: The Area Plan Commission has reviewed the proposed dedication of right-of-way for O'Brien Street at their regular meeting of August 20, 1974. This area is shown in gray on the attached survey. This proposed dedication can be broken into two separate and distinct issues: (1) the actual dedication of the right-of-way; and (2) the effectiveness of the proposed dedication in providing a utility right-of-way to the house under construction. Relative to the first issue, the Commission's attorney, David Weisman, is of the opinion that the acceptance or rejection of the proposed dedication is the sole jurisdiction of the Board of Public Works and does not need the approval of the Area Plan Commission. The Commission would like to point out, however, that with thie acceptance of the right-of-way, the City will also be accepting the maintenance responsibility for an unimproved street. The second issue is more complex. It is our understanding that one of the primary purposes of the dedication is to provide a utility right-of-way to the house under construction on one of the lots shown in yellow on the attached survey. The lots shown in yellow on the attached survey do not appear to have frontage or access to the existing portion of O'Brien Street. A review of various source material indicates a conflict between the actual width of this section of O'Brien Street. Some sources indicate that the right-of-way is thirty-three (33) feet while others indicate that it is fifty-three (53) feet. The Registered Land Surveyor for the developer who is building on one of the lots shown in yellow on the attached survey is of the opinion that the right-of-way is thirty-three (33) feet. There appears to be a strip of ground, shown in black on the attached survey, which is situated between the right-of-way and the lots on the east side of the street. The Surveyor has indicated that this strip varies in width from 15.9 feet on the south to 17.4 feet on the north. If this strip of ground is in fact not a legal part of the right-of-way of O'Brien Street, the lots shown in yellow do not have access via O'Brien. This, in turn, would raise the question of whether utilities could be placed in the strip of ground. The Area Plan Commission recommends that since one of the petitioners for the dedication of O'Brien Street also owns one of the lots which may not have access to O'Brien Street that the status of the questionable strip of ground, shown in black on the enclosed survey, be resolved prior to placing utilities within the area. Very truly yours, s/ Richard S. Johnson Executive Director Upon motion made, seconded and carried, the Board filed the report and referred the matter to the Bureau of Design and Administration with the request that Mr. Lang be contacted and a review of the problem made. 1 1