09-26-01 Council Minutes - Laserfiche WebLink

Home Browse Search

1VI INUTUS CITY COUNCIL SEPTEMT3ER 2G, 2007 KAPPROVAI, OI^' KIMMF.b'/GILANDER] AD))7TION DEVELOPMENT AGREEMENT AND A UTHOR]ZING TF7E MAYOR AM) CITY ADIYIINISTRATOR TO EXECUTE THF., AGREEMENT ON73EHALF OF THE CITY The foregoing resolution was duly seconded by Scalze. Ayes (4) LaValle, Scalze, Fahey, Montour. Nays (0). Resolution declared adopted. CONDIT The City Administrator reported that he met with Mr. and Mrs. Zoch STREUT to discuss issues relating to the final plat for Yorkton North Phase II RIGHT-OF-WAY and right-of--way for Condit Street. At the time the final plat was approved in May of 1985, the Council's direction was that 8.5 feet of additional right-of- way was to come from the west side of Condit Street. I-Iowever, the final plat which was recorded with the County and signed by the parties involved, including Mr. and Mrs. Zoch, took 73.5 feet ofright-of--way fiom the west side of Condit Street. The Zoch's are questioning the appropriateness of this action and would like to be compensated for the additional 5 feet that was taken, or the property returned to them. Mrs. Zoch indicated that they did not want to be involved in the Yorkton North Phase II plat, however, the City Council convinced them that this development was the best they could hope for for the area. Mrs. Zoch indicated that they really had not wanted Co sell any of their property. However, they agreed to sell provided that Larry Lee, the developer, paid all the expenses. Mrs. Zoch pointed out that there had been some deferred assessments on their property that were to have been paid, and they just discovered recently that they had not been paid. The City Administrator pointed out that the City abated those assessments in 1999 at the Zoch's request and subject to execution of a waiver of claims relating to a fence that was not constructed on the site. Mrs. Zoch pointed out that when the plat was approved in May of 1985, there was 33 feet ofright-of--way for Condit Street. The Council's position at the time was that 8.5 feet of additional right-of way should come from each side of the street with the end result to be the 50-foot standard right-of way. Mrs. Zoch indicated that it was their understanding that 8.5 feet would come fi~om their property for the west side of Condit. However, they had their property surveyed two years ago and discovered that 73S feet was actually taken from them. Mrs. Zoch also indicated that in 7985 they were informed that their property would actually run to the middle of the street since the road would exist via an easement rather than dedicated right-oi=way. Mrs. Zoch acknowledged that they had an attorney representing their interests, and their attorney told them everything was fine. As a result of their survey, Mrs. "Loch iz