By Staff
Structures will cross city-owned wetlands, may be used by public
By MIKE VOSS
Contributing Editor
An easement agreement between Washington and Moss Property Partners provides the developers of Moss Landing with specific pedestrian easements upon which they may build elevated walkways.
The easement agreement was unanimously approved by the City Council at its Monday meeting.
Other agreements concerning the Moss Landing property included provisions that the city would allow the developers to build the walkways across the city’s wetland property to connect the Moss Landing residential units to the separately owned marina property that will serve Moss Landing residents and others.
Mayor Judy Meier Jennette said she’s confident the easement agreement protect’s the city’s boardwalk and manmade wetlands adjacent to the boardwalk. Conditions of the grant that helped the city pay for the wetlands and boardwalk require the city to protect those properties, she said Friday.
The easement agreement also “provides for certain protections to the City’s existing boardwalk and for indemnification against any claims arising out of Moss (P)roperty (P)artners use of the City property” reads a memorandum from City Manager James C. Smith to the mayor and City Council.
Under conditions of the easement, Moss Property Partners agrees that at all times any and all improvements, excluding utilities, made by MPP and located within the city’s property shall remain open to the public and available for its use. MPP is required to keep the walkways “maintained in a good and reasonable condition,” according to the agreement.
Wayland Sermons, MPP’s attorney, told the council the public will not have access to the marina.
The walkways must not be directly attached to the existing boardwalk or in any way undermine the structural integrity of the existing boardwalk, the agreement notes. Upon completion of the walkways, the city will inspect them. MPP must make any reasonable modifications to the walkways that the city requires, according to the agreement.
MPP must obtain written consent of the city before making any modifications to the existing boardwalk. MPP also must provide the city with plans and specifications for the walkways so they can be reviewed and approved by the city before the walkways are built.
The agreement includes a reversion clause. If MPP is unable to obtain any required permission and/or approval from any federal, state or other regulatory agency to build the walkways or other amenities within three years of the agreement being signed, MPP must let the easements revert to the city. If MPP fails to build the walkways and/or amenities within three years of the agreement being signed, it must allow the easements to revert to the city.
MPP is responsible for acquiring any and all required permits or other official permission required by any federal, state or local law or regulatory agency and comply with all applicable permits, laws and regulations in its exercise and use of the rights and easements conveyed to it by the city, according to the agreement. Those rights include installing utilities such as water and electricity.