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Weber County staff to place private-road-within-public-right-of-way covenant on next consent agenda
Summary
County planners presented a proposed covenant that would permit a temporary private access strip (30-foot by ~1,600-foot) to remain private while the underlying land is deeded to the county for future public road construction; staff recommended placing the agreement on next week’s consent agenda for Commission approval.
Weber County planners on Oct. 20 told commissioners they will place a proposed covenant allowing a private road within a public right-of-way on the commission’s consent agenda next week.
The county presentation said the strip at issue, roughly aligned with future 3600 West and a planned extension of 700 North, would be a temporary private access and would not meet current public-street standards (60-foot width and asphalt surfacing). The county would accept dedication of the land under the access strip (described in the presentation as a 30-foot-wide strip about 1,600 feet long) while the developer would retain responsibility for construction, maintenance and underground improvements until the county assumes them.
“It's a private road within a public right of way covenant,” the presenter said, explaining the land would be deeded to the county while improvements remain private. Staff said the arrangement is intended to protect the county’s alignment for future streets shown on the Western River general plan and future streets and transit map.
Commissioners asked how the county would obtain the full future right-of-way width and who would pay for paving and other improvements during construction. Staff replied that neighboring developments (identified in the presentation as Lomond View and a landowner called Hipwells in the discussion) already have commitments for portions of the future roadway; a 12-foot dedication on the west plus the 30-foot strip would yield about 42 feet now, with a standard conforming width of 66 feet achievable even if adjacent dedications do not occur. If adjacent developers dedicate additional width, staff said the combined area could reach about 100 feet, the preferred long-term right-of-way width.
Staff recommended placing the covenant on the consent agenda and said a copy of the covenant will be provided to commissioners before next week’s meeting for review.
Commissioners did not take formal action on the covenant during the work session; staff indicated the item would appear on the regular meeting consent agenda for approval.
Planning staff also noted the strip will enable the current developer to plat two lots and use the access as private access until the county elects to assume improvements.
