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Developer seeks encroachment over historic legal drain for Lone Pine Farm Section 3 path and road widening
Summary
Developer representative notified the board that Johnson County asked that Greenwood acknowledge an encroachment over a legal drain to build a 10-foot asphalt path and road widening; the board discussed county responsibility for repairs and asked engineering staff to confirm details before final approval.
A developer representative told the Greenwood Board of Public Works and Safety on Aug. 4 that Lone Pine Farm Section 3 will encroach over an existing legal drain to accommodate a required 10-foot asphalt path and road widening along Honey Creek Road.
“We are requesting an encroachment with Johnson County surveyor's office, to construct the 10 foot asphalt path that's required by planning staff as well as the road widening for Honey Creek Road,” the project representative, Josh, said. Josh said the developer is offsetting the legal drain 10 feet from the proposed road edge to reduce future risk and that Johnson County has asked that Greenwood formally acknowledge the encroachment and that the county expects the developer to be responsible for repairs if any county-owned or county-managed drain features are damaged.
Board members and staff discussed the drain’s history, its presumed priority of county rights, and whether it could be abandoned; staff said the county did not want the drain abandoned because it still serves downstream properties. Paul (board member) noted the county’s priorities and asked engineering staff to review the proposed offset and the submitted plans. The board discussion did not record a formal motion and vote in the minutes; a board member spoke favorably about approving the request pending engineering review.
City staff advised developers to coordinate with the Johnson County surveyor and to provide documentation showing that the legal drain’s functionality would not be reduced and that the developer will accept responsibility for any required repairs to the legal drain.
Board members directed staff to obtain confirmations from the county and engineering calculations before any final permit or encroachment instrument is recorded.
