10/20/1982 - Laserfiche WebLink

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SETTLEMENT WITH CLYDE HOWARD FOR RIGHT-OF-WAY Attorney Brandenburg reviewed memo of the Assistant County Attorney, as follows, noting that the amount of •settlement should be $1,300, not $1,200: T®' Chairman and Members 6'f ®ATE. October 13;7-1982 FILE: + the Board of County Commissioners G Thru: County.Enginee SUBJECT: 'Report and Recommendation on Clyde Howard -- 16th Avenue-j'--,'Right-of-Way FROM: Christopher J., j24_v ..%. ,FERENCES: Assistaht County Attorney .Background On March 24, 1982, the County Commission considered a long standing matter concerning the ownership of a 500 foot stretch of 16th Avenue right-of-way, being that portion which abuts the Clyde Howard property just south'of 12th Street. At that time, the Board -determined that -some monetary reimbursement was appropriate if, in fact, the use..of. Mr.•Howard's property had been for public road purposes while=Mr. Howard continued to pay taxes on the property. Based upon.discussions.with•the Drainage.District Engineer and attorney, and following review of -an abstract of title for the property in question, it is this office's opinion that Mr.- & Mrs. Clyde Howard are the record title holders to the 40 foot by 500 foot parcel presently serving the County as a right-of-way, and that an express or implied dedication of this 40 feet for public - right-of-way purposes cannot be substantiated. ' The-County--Enginner has recommended acquisition of this :right-of-way to clear any existing title problems and presently ..concurs with the suggestion that payment to the owner of that sum approximating taxes paid in -error to the County during the past 20 years, less the cost of the title review, would be a fair compro- mise. This sum equals. $1,200.00. Recommended Action A settlement in the amount. of $1,200.00 to Mr; ,*& Mrs-. Howard in exchange-for•a-warranty deed for the 40 feet by 500 feet right-of-way parcel is recommended at this time;'with-funding to be as designated previously by the County Engineer. On MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously accepted the recommendation of.the Assistant County Attorney and authorized a settlement in the amount 'of $l,300 itis Myrde 5 owa - 51• OCT 20 198x �� "