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Commission continues Hobble Creek road-transfer agreement after liability and neighbor concerns

Utah County Board of Commissioners · July 1, 2020
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Summary

The commission continued a proposed development agreement to transfer Cottage Drive to county control after county attorneys and public works raised liability and subdivision-layout concerns about trees, fences and dead-end access. Parties were directed to redline and return the item for future action (continued to July 29).

The commission heard a long discussion of two development agreements intended to resolve road and drainage issues near Hobble Creek and Cottage Drive and to allow the county to take the road into its system once improvements are completed.

Rob Moore, county attorney, flagged several legal concerns: trees and fences within the right of way could increase county liability if a vehicle left the road and struck those obstructions, and approving the subdivision before the road is deeded to the county could create a problematic dead-end road. "If we were to move those trees and fences out of those right of way, then there's more room if the slide off occurs," Moore said, explaining the liability concern. Public Works Director Richard Nelson reiterated concerns about trees, fences and the proposed restriction on public parking.

Residents and the development representative said the trees often provide erosion control and safety in specific steep sections and requested a good-faith path to a final agreement. Dion Baron and Richard White said the redlined draft represented negotiation and asked for staff direction to continue discussions; Baron also said the sheriff's office had indicated willingness to enforce parking restrictions where unsafe.

Given the number of outstanding redlines and the attorney-office concerns, the commission voted to continue the item to allow staff and the parties to resolve the points raised and to return with a revised draft. Commissioners directed the county attorney to coordinate edits with applicants. The commission continued the matter to a specified date (recorded in the transcript as July 29) and approved that continuation by voice vote (the transcript records the continuation vote as 3-0).