7/5/1988 - Laserfiche WebLink

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problem, the Chairman believed we are now in litigation with The Clock Restaurant. Director Keating confirmed that the Clock Restaurant has been under fine from Code Enforcement for quite a while, and the county is in the process of terminating that fine which would involve foreclosure proceedings. Commissioner Bird assured Mr. Faber that we are trying to remedy this, but it is a very complicated situation since we do not own the R/W. Administrator Balczun noted that the public R/W extends westerly and what people assume is a public road is, in fact, private property. Chairman Scurlock believed the Board decided we do not want to have it a public road. Attorney Steven Lulich informed the Board that he has been retained as counsel for Mr. Faber. He felt whether the county owns the property or not is not one of the main considerations. This R/W is being used by the public and it is being maintained by the county; so, the county has some liability whether they actually own it or not. The condition of the road is severe, and Mr. Lulich believed it is possible an accident could cost the county more than I a million in damage suits. He further noted that the county is holding $1,500 that was placed in escrow to have that road paved and the county received a 25' easement from the previous owner of the Faber property. When Mr. Faber purchased this property, he knew about all this, and he bought the property relying on the county to perform. Attorney Lulich realized this is a complex issue with a lot of parties involved, and if the county doesn't.feel it is economical to fix it properly, that is understandable, but it is leaving Mr. Faber hanging. They, therefore, feel the county should either do something about this or give back the $1,500 cash and the'25' easement that was taken so at least Mr. Faber can straighten up the property himself. However, once that is 12 BOOK 73 F.,,. 152