3/17/1992 - Laserfiche WebLink

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and unless there is a reduction in the amount of acreage in the node, the rezoning cannot go forward without a Comp Plan amendment. Chairman Eggert reiterated that the Board has authorized staff to go ahead and purchase the right-of-way. She asked how much right-of-way is needed and whether it is enough to make this difference. Public Works Director Jim Davis advised that the County needs an additional 40 feet of right-of-way from the center line along Kings Highway. A total of 65 feet is needed, and the County has title to only 25 feet at the present time. When we widened Kings Highway about 5-6 years ago, we communicated with the property owner and we agreed to provide some turn lanes to serve his property in exchange for him deeding some additional right-of-way to the County. We sent him a deed in the mail and he verbally agreed to that, but for some reason, the deed was not recorded. The County went ahead and built the widened roadway, however. Director Davis believed the property owner has been aware of that for 5 years, but has never protested that fact. At this time we are claiming that we have a portion of the right-of-way by prescriptive rights. Mr. Richardson wished to note that they have owned that front portion of the property for only two years. County Attorney Vitunac felt that Chairman Eggert's question is that since we are going to buy the right-of-way one way or another, doesn't that automatically reduce the size of the node just as much as if we signed this contract that they are asking for now. Director Davis stated that it did not, because until it is actually acquired for right-of-way and the papers are signed, the property is still in the node. Attorney Vitunac understood that if the County buys the right- of-way without this contract by going ahead and condemning this property, the node would be reduced and the developer could proceed with the rezoning of any other additional land if they so wanted. Director Keating stated that was correct, and Chairman Eggert added that the Board did authorize staff to go ahead and buy the right-of-way. She understood then that they would have to wait until the moment that right-of-way is purchased by the County before going ahead with the rezoning. Mr. Luethje believed the nitty gritty of it would be the selling price of that piece of property, but felt Mr. Richardson can address that. He pointed out, however, that if the County buys it now, the County would pay $125,000. If the County signs this agreement, the County would pay $35,000 for it. 17 r - MAR J.7 IM2 �or,K 4 F„.,r ;tip