5/17/1994 - Laserfiche WebLink

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Chairman Tippin agreed that it is a difficult problem. He visited the area, saw the survey stakes and noted that some homes have a real problem. Chairman Tippin proposed that we take the steps necessary to adjust our thoroughfare plan to keep 4th Street as it is and not as a collector road with all the right-of-way and easement requirements. Commissioner Bird pointed out that by adjusting 4th Street on our thoroughfare plan we will not completely close the door for future road improvement, but it would clear the titles on the properties. If there is a demand in the future to build a collector road, the County has the ability to buy and/or condemn properties and compensate the property owners at that time. Discussion ensued regarding the Murphy Act reservation, title insurance coverage, liability, and alternative compromises. Director Davis explained the right-of-way requirements for road paving and was sure we can resolve the issues in a manner that will not be a detriment to the properties by negotiating on a case- by-case basis. He did not want to delete 4th Street as a collector road. He preferred that we insert a special note with regard to 4th Street right-of-way rather than changing the thoroughfare plan, because the right-of-way could be created by culverting the canal. Further discussion ensued regarding the prevalence of parcels in the county which are affected by the Murphy Act reservation, and Assistant County Attorney Terry O'Brien .explained that it would take a lot of research to determine all the parcels because documentation on that subject is not found in one volume. Attorney Smith contended that the County is not giving up anything and should not think it is giving something to the property owners. The rights-of-way are shown on the plats of the Pine Tree Park Subdivision. If the County claims any further right-of-way, it is a claim by virtue of the deeds from the Trustees of Internal Improvement Fund, in which there was error, and the County must take responsibility for that error. Mr. Smith suggested that if the Board agrees to abandon the claim for any right-of-way, he would advise his clients to abandon their claim for damages, and that would settle the lawsuit. Commissioner Bird concluded that if the County makes no claim on right-of-way, that will clear the titles. If we need the right- of-way at some future time, we could make an offer to buy or condemn or whatever. Attorney Vitunac advised that we have a cause of action which we may win or not, and the Board has the right to settle the lawsuit by giving up all claim to that right-of-way. MAY 17 IN34 15 POR 92 pni 490