11/7/2000 - Laserfiche WebLink

Home Browse Search

house so that the north edge of the sidewalk is approximately 19' from the south edge of her rental house. While County crews were preparing the sidewalk subgrade and FPL was preparing to relocate a guy wire, Mrs. Browning objected to the design and requested work to stop. The County crews have ceased from pouring the sidewalk. On Friday, Oct. 27, Commissioner Adams and Public Works staff met Mrs. Browning and her family at the site. At that time, the County offered to shift the sidewalk further away from her house an additional 18' to a total of approximately 37' from her house. This location will place the sidewalk 2' from the existing electric pole line and at the north edge of Oslo Road widening projected to be constructed in 2001/2002. The existing road will be widened 16' to the north to accommodate a third lane and paved shoulder. When the meeting concluded last Friday, Mrs. Browning still was not content, but a compromise was reached. On Monday, Oct. 30, Mrs. Browning called the County staff to object to the compromise location and now wants the sidewalk placed in the future road widening area near the existing road. County crews have not returned to the job. ALTERNATIVES AND ANALYSIS Mrs. Browning is of the opinion that the County is unfairly taking her land and that the Murphy Act right-of-way is not valid. No documentation has been received from Mrs. Browning by staff to substantiate her position. The County Attorney's office has researched the Murphy Act Law and that legal opinion is attached (Feb. 19, 1997 memo from Will Collins to Matt Napier). The County staff has ordered a title search of the right-of-way in front of Mrs. Browning's land and the Murphy Act Right -of -Way was discovered (TIIF Deed #712, Deed Book 40, Page 494) dated June 24, 1946. She purchased her land in 1965. No releases have been found. Mrs. Browning has stated that the County has purchased other Murphy Act Right -of -Way in the past.- This is true in a few circumstances previous to the County obtaining a Murphy Act search in 1995 along all County roads or when evidence is presented that the Murphy Act is not valid or clear. The alternatives are as follows: Alternative No. 1 Proceed to construct the approximately 27' from meeting with her on Oct. relocated across her 65' will place the sidewalk along Oslo Road. November 7, 2000 sidewalk in County Murphy Act Right -of -Way Mrs. Browning's house as discussed at the 27, 2000. The sidewalk may have to be frontage when Oslo Road is widened. This 2' behind the existing utility pole line 158 BK 1 15 PG 8 6 7 40 0