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  County Administrator's Report     12. 1.    
BCC Regular Meeting Discussion  
Meeting Date: 09/07/2017  
Issue:    Acceptance of Improvements Within Hilburn Grove Subdivision
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Acceptance of Improvements Within Hilburn Grove Subdivision - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning acceptance of improvements within Hilburn Grove Subdivision:

A. Accept the road paving and drainage improvements, including public easements, and two stormwater pond parcels as depicted on Plat Book 15, Page 34 as Parcel A (a 0.47 acre dry detention-retention pond), and Parcel B (a 0.58 acre dry detention-retention pond) for permanent County maintenance; the cost of drainage improvement maintenance is to be funded through the establishment of a stormwater management Municipal Services Benefit Unit (MSBU) per Ordinance 2006-51;

B. Authorize the Chairman or Vice Chairman to accept the Quitclaim Deed as of the day of delivery of the Deed to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time; and

C. Authorize the Chairman or Vice Chairman to accept a Drainage Easement for the pond outfall, as of the day of delivery of the Drainage Easement to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to acknowledge the Board's acceptance at that time.

[Funding Source:  An MSBU will be established by the Office of Management and Budget to maintain the stormwater ponds in accordance with Ordinance 2006-51]
BACKGROUND:
Hilburn Grove is a 50-lot development located south of Interstate 10, north off of Creighton Road, at the north end of Hilburn Road. The street names were approved and final plat was recorded following the Board of County Commissioners' approval during a regularly-scheduled meeting on October 25, 1994. At that time, land development code ordinances allowed the developer, Cook-Brown Enterprises Inc., to provide a letter of credit to guarantee completion of the final improvements. While the improvements were substantially completed, there has been an outstanding punch-list to address, prior to improvements being recommended to the Board of County Commissioners for acceptance. Since that time a new developer, William Boesch, has taken over ownership and responsibility of the remaining lots in the subdivision, but the ponds remained under the ownership of Cook-Brown Enterprises, Inc.  Mr. Boesch has coordinated with both Public Works staff and Development Services staff since October 2014 to address all punch-list requirements so the improvements could be accepted for ownership and maintenance. Engineering and Road Divisions staff inspected the improvements on July 20, 2017, and found that all required improvements have been completed in accordance with all applicable County requirements. Mr. Boesch has helped obtain a Quitclaim Deed for the retention ponds, and a Drainage Easement from Robins Ridge Development, LLC,  which provides positive outfall from both ponds. 
BUDGETARY IMPACT:

An MSBU will be established by the Office of Management and Budget to maintain the stormwater ponds in accordance with Ordinance 2006-51.

LEGAL CONSIDERATIONS/SIGN-OFF:
The County Attorney's office has approved the Drainage Easement and the Quitclaim Deed as to form and legal sufficiency.
PERSONNEL:
All work associated with this request is being done in-house and no additional staff is required. Future Road Division budgets will reflect additional funds to maintain these improvements.
POLICY/REQUIREMENT FOR BOARD ACTION:
Based on the County Land Development Code.
IMPLEMENTATION/COORDINATION:
Upon Board approval, compliance will be kept with the County Land Development Code.

Attachments
Quitclaim Deed
Drainage Easement
BCC Approval 1994
Hilburn Grove Plat
Pond MSBU
Aerial Map

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