Title
Resolution Authorizing Granting of a Permanent Easement on Town Owned Property at 604 Jones Ferry Road
PURPOSE: Town Council is asked to consider adopting a resolution authorizing the Town Manager to approve a permanent easement allowing maintenance of an existing, privately owned sign on town property.
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Department
DEPARTMENT: Planning and Manager’s Office
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Council Direction
COUNCIL DIRECTION:
___ Race/Equity ____ Climate ____ Comprehensive Plan __X__Other
Council Direction Statement
Other is marked as this matter is related to town owned property.
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Information
INFORMATION: The Special Use Permit-A (then known as CUP) for the Willow Creek Shopping Center was approved in July 1981. The shopping center included the main parcel at 602 Jones Ferry Road, as well as the two outparcels, 600 Jones Ferry Road (Burger King) and 604 Jones Ferry Road. 604 Jones Ferry Road was left undeveloped when the center was constructed (see Attachment B). The parcel is almost entirely encumbered by floodplain and stream buffer, essentially causing it to remain vacant as unused open space. The one use made of the parcel at 604 Jones Ferry Road was the placement of a permanent freestanding shopping center sign. The freestanding sign was approved as part of the original SUP-A permit for the shopping center. In August 2001, 604 Jones Ferry Road was acquired by the Town and left as an undisturbed open space, with the sign remaining in place.
The owners of the Willow Creek Shopping Center recently submitted a sign permit application requesting to update the existing sign with a new sign on the existing foundation (Attachment C). As the sign sits adjacent to and just outside the floodplain line, their intent is to put the new sign in place without disrupting and thereby not involving any concerns related to the floodplain. As the town now owns the property, staff is asking Town Council to adopt a resolution authorizing the manager to grant a permanent easement (Attachment A) to the owners of the shopping center to formalize the right for the sign to remain on town property and be maintained by the Willow Creek Shopping Center.
The Town Attorney’s office has prepared the permanent easement document, thereby ensuring that the town’s interests in owning the property remain secure outside of the easement area itself (Attachment D). As noted in the fiscal impact statement, the owners of the shopping center have agreed to pay a sum of $2,000.00 in exchange for the easement.
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Fiscal and Staff Impact
FISCAL IMPACT: If approved, the town will receive $2,000 from the Willow Creek Shopping Center for the agreement.
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Recommendation
RECOMMENDATION: Town staff recommends that the Town Council approve a resolution authorizing the Town Manager to execute a permanent easement with the owners of Willow Creek Shopping Center to allow for the use and maintenance of the existing sign.
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