09-26-01 Council Minutes - Laserfiche WebLink

Home Browse Search

1VIINUTIIS CITY COUNCIL S:CPTi'1M f3ER 26, 2001 indicated they found out Condit Street exists as right-of way, therefore, their property actually starts at the edge of the right-of--way and does not extend to the middle ofthe street. Fahey pointed out that the plat, which was signed by Mr. and Mrs. Zoch in 7985, clearly indicates where the property line is as well as the right-of--way for Condit Street. Mrs. Zoch indicated that they were never told that 13.5 feet was being taken nor were they told that their property lice would start at the edge of the right-of--way. Fahey indicated that the issue appears to be one between the Zoch's and Mr. Lee as well as their attorney. Fahey pointed out that as part of the plat the loch's divided lots on Yorktau Ridge, and the Zoch's were not charged for the road improvement. Mrs. Zoch indicated that had they understood the amount of property that was being taken from them in 1955, they would have expected to have been paid for that property. Sealze indicated that it was her recollection that the Zoch's and Mr. Lee were exchanging some property as part of their transaction. Scalze pointed out that the City did not advise the Zoch's to exchange property. Mrs. Zoch stated that the City influenced them to taI<e part in the plat. Since it appeared that the plat would be good for the City, they decided to take part in it. Part of the agreement with Larry Lee, however, was that he was to pay all costs. Mr. Zoch reconfirmed their position that they were not aware that 13.5 Feet of right-of--way was being taken from their property. Mr. Zoch indicated that they never intended to dedicate that extra 5 feet that was taken, and asked that the land be returned. Fahey indicated that he was not willing to return the 5 feet of property and felt the question is whether or not the City is obligated to compensate the Zoch's for this land. The City Administrator calculated that approximately 1,850 square feet of additional land was taken from the Zoch property. At a rate of $1.07 per square foot, which is the price the "Loch's received for some property they sold Larry Lee in 1955, the amount of compensation being discussed is $1,979.50. Mi .Zoch indicated that he would prefer to have the land back since he was concerned about preserving trees on his property. "fhe City Administrator indicated that there are no plans at this time to improve Condit Street. However, at the time the street is improved, it will likely be possible to place the pavement so as not to disturb the Zoch's trees. 13