1/10/1989 - Laserfiche WebLink

Home Browse Search

roads to vest in the County, the roads must be maintained for a period of four years. The property owners have title to the centerline of the old highway. The Judge accepted the fact that we were maintaining the paved road and two feet of shoulder, but since title to the property vested in the owners and our maintenance map was not filed for the statutory period, he rejected our claim of title to an additional grassed area. The only argument buttressing our position that we maintained these parcels is the fact that there are some drainage swales and utility poles in the grassed area and some testimony from our Road and Bridge Department that we mowed the grass and cleaned ditches. However, we don't have any official records of maintenance and, our chances of succeeding in any suit on these parcels are slim. On Parcel No. 162 owned by Richard and Arlyne Zorc, on the southeast corner of 12th Street and Old Dixie, a different situation exists. In this case, the County owned a 25 -foot recorded right-of-way from the centerline of the road. However, the road was roll -curbed some distance into the right-of-way and the Zorcs were utilizing the property between the curb and their building for approximately eight parking spaces. There is a legal issue as to how many "legal" parking spaces the Zorcs lost by virtue of our taking and we might have some chance to prevail on this issue, but in view of the fact that the Judge appears to have accepted the "cost to cure" approach rather than the severance damage approach, and in view of the fact that the cost estimates to cure appear reasonable, it would be in the County's best financial interest to settle this parcel rather than to incur substantial additional expenses in an attempt to advance an arguable position. RECOMMENDATION 1. Settle Parcel No. 130 for the amount already paid, plus an attorney's fee, appraisal fee, and expenses, all totalling $3,500.00. 2. Settle Parcel Nos. 139 and 140 for the amount already. paid into the Court, plus an additional payment of $978.30 for concrete curb work to provide driveway access, plus an appraisal fee in the amount of $440.00. Do not settle as to the attorney's fee requested ($2,500.00). - 3. Settle Parcel No. 141 for the amount already paid into the Court, plus an attorney's fee in the amount of $3,500.00. 4. Settle Parcel No. 162 by paying an additional $13,335.30 representing the cost to cure the loss of parking spaces. Do not settle for the attorney's fee requested ($9,500.00). 5. Settle Parcel No. 163 for the amount paid into the Court already, plus an appraisal fee of $440.00, and an attorney's fee of $150.00. 6. Go to Court on the issue of attorney's fees only for the Richard and Arlyne Zorc Parcel Nos. 139, 140, and 162. Mr. O'Haire has submitted time records on these parcels which total to $6,713.80. He has requested attorney's fees on these parcels in the amount of $12,000.00. Without further justification of these fees, it is worth going to a hearing on fees. JAN 10 19E9 49 DOOK