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Council approves sale and storm‑drain agreement for Midtown Crossing detention basin to allow underground conversion and parking
Summary
Leighton agreed to sell a city parcel containing a detention basin to 840 Elm RE LLC for $25,000, with the buyer responsible for converting the basin to an underground facility, preserving a minimum 1.87 acre‑feet capacity, maintaining drainage easements, and posting a $25,000 maintenance bond.
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The council approved Resolution 26‑34 (staff presented as 2634 in the packet) authorizing a land purchase and long‑term storm‑water maintenance agreement with 840 Elm RE LLC to convert the existing Midtown Crossing detention basin to an underground detention facility and allow parking at surface level.
Key points from staff presentation and council discussion: • Parcel and use: The city parcel drains multiple surrounding parcels and includes storm‑water easements that limit above‑ground structures. The buyer will convert the basin into an underground facility and use the top for parking; the city will retain necessary easement rights for storm infrastructure. • Purchase price and work: Purchase price was listed as $25,000; 840 Elm RE LLC will perform and fund conversion work and ongoing maintenance of the underground facility on its property. • Capacity and ownership: The facility must maintain a minimum 1.87 acre‑feet capacity to handle existing runoff flows; private owners will own storm infrastructure on their parcels; UDOT will continue to own and maintain I‑15 drainage where applicable. • Compliance and protections: The buyer will record maintenance obligations, carry appropriate liability insurance, and post a $25,000 maintenance bond the city can draw upon for emergency corrective work; the city retains inspection rights and can require repairs. • Surplus-property question: Council asked whether the parcel needed to be publicly offered as surplus; staff said the parcel’s easements make it a non‑significant parcel under municipal and state code, so the surplus-public-offer requirement does not apply.
The council moved, seconded and adopted the resolution approving the purchase and long‑term storm‑water maintenance agreement. Staff said the agreement will be recorded on the parcel to bind successors.
Why it matters: The transaction resolves a long‑running question about use of an encumbered city parcel, secures long‑term storm‑water maintenance obligations, and allows adjacent development (parking) while preserving storm‑water capacity.

