10/21/1981 - Laserfiche WebLink

Home Browse Search

RELEASE OF ESCROW FUNDS - PAVING OF KELLEY ROAD soon 7 , rr, 785 The Board studied the following memorandum from the County Administrator: TO: The Honorable Members of the Board of County Commissioners FROM: Neil A. Nelson, County Administrator DESCRIPTION AND CONDITIONS DATE: October 13, 1981 FILE: SUBJECT: Request for Release of Escrow Funds for the Paving of Kelley Road and 39th Ave. adjacent to Shady Oaks Subdivision REFERENCES: Gene Wilmoth to Neil Nelson dated Sept. 17, 1981 and Oct. 13, 1981 Mr. Gene Wilmoth of WDRF Investments is requesting that the County release $15,300. which is currently being held in the County's Escrow Account for paving a half road along the existing unpaved portion of Kelley Road and 39th Avenue adjacent to Shady Oaks Subdivision. This money was placed in escrow by WDRF Investments during the month of April, 1981, when the County policy was to request funds for the paving of abutting unpaved roads as a condition of final plat approval. Since that time, the County has adopted Ordinance 81-27, Special Assessment Ordinance, and the paving for such unimproved roads in the future shall be funded via assessment by the ben1981tBoardVmeetingTehen theners.his cKingslakey was aUnithIl l by the Board during the August 9, Preliminary Plat was approved ALTERNATIVES AND ANALYSIS Two alternatives are presented for consideration: Alternative #1 Release the $15,300. back to the developer and fund the future paving of Kelley Road and 39th Avenue via Special Assessment. This alternative would have no significant impact on the recent past purchases of these lots since the price they paid for each lot did not reflect the road paving costs. The developer has stated that this escrowed cost was not included in the price of the lot and WDRF Investments did not conmiunicate that money was allocated for paving lmtpheove- ments to the buyer . As a result, the buyer can not justifiablyprotest County for imposing an assessment for this paving. Alternative #2 Deny release of the $15,300. and use this.money for the future paving of these roads as per past County Policy. RECO,t4ENDATIONS AND FUNDING Since the Developer has not passed this $15,300. on to lot purchases and since the buyers of lots in Shady Oaks Subdivision are not aware that the developer posted this bond, the staff recommends that the $15,300. paving cost be returned to 1VDRF Investments. The only funding consideration to be addressed by the Board for this item involves the County's Escrow Account. On A4otion by Commissioner Scurlock, seconded by Commissioner Wodtke, the Board unanimously agreed to deny the release of escrow funds for the paving of Kelley Road and 39th Avenue.