9/29/1987 - Laserfiche WebLink

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S EP 29 1957 BOOK 69 FAGE 571 Chairman Scurlock felt we are not denying the use since they can still compute their density based on the total area. Attorney Vitunac noted there are two types of setback - one for public safety, which is normally 25' or so off the road, and then if you add an extra 5011, for instance, for widening, that extra 50' becomes a "taking" immediately. Ciba -Geigy has agreed to waive the payment for the taking in return for a promise to pay in the future. Chairman Scurlock noted we set the setback on SR60, and Attorney Vitunac stated that we established a setback on certain types of roads for public safety, not for acquiring road right-of-way. Chairman Scurlock's point was that on King's Highway, which will be a major north/south corridor, possibly we could at this point appropriately adopt the setback on the basis that it should be considerably larger for public safety. He felt we are taking a major step today if this is the document we are going to be using from now on. Commissioner Eggert wished to know how a figure of $3,000 was determined, and Assistant County Attorney Barkett informed the Board that based on an appraisal, he, Public Works Director Davis, and R/W Agent Don Finney, divided out the square footage and all agreed that $3000 would be a nominal value for that strip. Discussion arose as to the 40 acres Ciba-Geigy has on the other side of Kings Highway, and Attorney Barkett advised that we are getting 5' on the same side as the 40 acres and 15' on the opposite side. Chairman Scurlock asked if the attorneys are saying the new Supreme Court cases don't allow us to provide sufficient R/W for our roads. Attorney Vitunac explained that you are allowed to make roadway maps determining what the ultimate right-of-way is going to be, but when a property owner wants the use of that and we 18