01/13/2009 (2) - Laserfiche WebLink

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Reservation is a legal process, the Board should abide by the decision from the August 12th meeting. He asked the Board to eliminate the Murphy Reservations throughout the County. Joseph Paladin, Black Swan Consulting, wanted the Board to proceed with an Option 3. He felt the Board should eliminate 66th Avenue from discussions since it was already voted on at a prior meeting, and he believed the remaining Murphy cases should be considered on a case-by-case basis. Chuck Mechling, 1999 Point West Drive, wanted to know if the County had been challenged on the Murphy Reservation. Attorney Collins acknowledged there had been one challenge, and due to an error, the County had worked it out. He explained that when the County buys property, it is based on the appraised value, and the appraisal may be less if the property is burdened by an easement. He felt that if the easement was waived, it would increase the underlying property value. In response to Commissioner Wheeler's query, Attorney Collins affirmed that Murphy Reservations did not reflect on Title Search Surveys because they are so old. Commissioner O'Bryan had a hard time believing that there were so many "State roads" in 1937. Attorney Collins believed Marvin Carter had the best records as to what was and was not a state road in the 1930's. Mr. Carter had told him that the local jurisdictions got a share of the gas tax revenue based on how many miles of state roads were in their County; therefore, everyone fled to the Legislature to make these roads state roads so the local areas could increase their share of the gas tax revenues. Attorney Collins felt it would be difficult to establish the fact that these were state roads at the time the deeds were issued. 23 January 13, 2009