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MINiJ7'I:S <br />C:i.ty Council. <br />July 25, 198~F <br />'Cext: Mrs. Scal.ze introduced Che Lolloori.ng ordinance and moved its adoption: <br />Amendment <br />Poster Care ORDINANCF N0. 232 - AMF.NDING S}3.C7'ION 902.010 <br />(Cont,) OP THL MUNICI~PAL CODP OP THL' CITY OP LI7°fI.E <br />CANADA RPLA'f.iNG TO POSTPR CAi2k: <br />The forego~in~; ordinance was duly seconded by P'Ir.. P'orsbers;. <br />Ayes (4) Scalze, L'orsber~;, L'ahey, Nardi_ni. <br />Nayes (0). <br />Ordi.nance declared adopted. <br />Sch].etty 'Che Ci.ty AtT.orney reported that there ar.e a number. of: documents thaC <br />~doods tiave been f.iled relaCi.ng t o OutLoC A. The Attorney stated that ther.e <br /> has been a chan;e ~in a].ot line for Lot 12 also si.nce the orl.ginal <br />Ap,enda plat was fi.l.ed. However, t:hi.s caas done bef.ore Tracts A, I3, C, and D <br />Item No. 1£3 came into the p:icture. <br />The Att.orney reported that Tracts A, B, C, and D were approved by <br />the Comuil. in May of 1.979. This pl.at was never recorded. Since <br />that ti.me there have been eLLorts made to li.mit the amount of <br />drainage in Outlot A. 'L'he AtCOrney stated that it is an open <br />questi.on aC this po:i.nt whether or not OutloC A was de<ti_cated tor <br />drainage, <br />Mr. Pahey f.elt that i.t appeared Erom the plat thaC al.l of. outlot A <br />was decticated for clrainap.,e. The ACtorney stated Chat thi.s was true, <br />but ef.Ports have been made to limit the dra~i.na~;e. <br />The Attor.ney stated that there has been di.scussi_on bet~aeen the City <br />and the devel.oper thaC the drainage easement never intended to include <br />a11 of Outl.ot: A. Mr. Fahey st:ated that the City dispirted t:hi.s wi.th <br />~Ir. Schletty, 'Phe Attorney stated that thi.s has never been resolvede <br />N[rse Ti.mmons astced whaC the Ci.ty approved in May of 1979. Mr. P1hey <br />repl.ied that Che City approved tkie resubdivi.sion of Outlot A into <br />Tracts A, I3~ C, and D. T'he Attorney stated that Outlo[ A was di.vided <br />into f.ive pieces of property. rahey stated that the c.ity di.cl thi.s <br />wi.Ch the understzindi.ng that the remaining Outlot A was f:or drai.nap,e. <br />Mrs. Scalze i.nformed the audience that in May of. 1979 Mr. Schletty <br />i.nf.ormed the Ci.ty that he never. inCended not to divide Outlot A <br />i.nto these tracts. 7'here was a misunderstandi.ng between .4r. Schletty <br />and his engi.neer about this, <br />Mrs. 7'i.mmons ind:i.caCed that Che plat that the property owners in Schl.etty <br />Gloods got i.ndicated that OutLot A was never to be built on, Timmons <br />sCated that ~alien the neighbors came in to the council in November of <br />7.979, they wer.e given the 1978 pl.at because Mr.. Schletty never fi.l.ed <br />the 1979 plat and Chey d:id not Icnow it o~as in existence. <br />Page -11- <br />