08-14-85 Council Minutes - Laserfiche WebLink

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MINUTI'sS C:i.ty Council. August 14, 19£25 }3oss Boss expl,ained Chat the reason that the adjoi.ning ~~roperty owner.s do not Plat (Cont.) wanC die all.eyway vacated is that they have commerc~i.a1 property and ~re concerned abouC tLie setbacks ot commer.cial. proper.ty abuCti.ng resi.denCl.al. P4r, 1?ak~iey suggested t:hat the rnatCer be ref.er.red to the CiCy ~ttorney. Pahey did not know iI the City could approve <.~ plaC wi,th ~~n incumbrence on the property. At:COrney George FSorer pointed ouC chat there i.s no adveese possession Por torrens pr.operCy. Al,o, ~i.n order. to claim adverse possess:ion, P1r. 13oss woulcl have to hlve a court or<Ier declaring it h:i., properCy. Fahey staCed that if' Che p1aCt:in; code sCat:es thaC the Ci.ty cannot plat property wi.t:h an incwnbrence, then it carmot be p1aT.ted. Fahey sCate~ thaC ]3oss wi.ll ei.l:her. have t:o net a court acti.on on the ho~u;e or havc the adjoinin~, property owners convey Mie property to hi.m. Scalze pointec1 out that noC only 1.s Che house lnvolved, but a reasonable amount of property ar.ound the house. Mr. Floss felt that this should have been done in one of the pasC transEers of the property. Scalze suggested that the r.ecords be researched as perhzips Chere :i.s some a~;reement about Ct~e house when the al.ley~aay was ded:icated. T9r. :8orer commenCed that P-1r. 13oss ktas a copy of ~i certif.'icate ot titl.e Lor Che properCy and, theretore, the pr.operty i.s torrens and not subjecC Co adverse possession. i3orer. stated Chat he clid not I<now ~ahat the adjoini.n~; properCy u~as, but saould guess i.t to be torrens as well. Mr. Collova suggested that T3oss buy Che properC~ under ttie house. 'Che C1erl< pointed out t1~at Chc properCy w1s last platted i-n ].f3f36 ~nd eiC thaC Gime an acCUal. survey was probably not done. The Glerk su~;gested the property b~ surveyed to deteemi.ne the locati.on of the klouse. Mr. P,oss replied that IZe kias had a boundary line survey clone. I3oss also poi_nted out that ri.ght now the blacl<top >:i.CS one foot ofE the property I.ine. f3orer staCecl Chat i.s ttie house is 7.ocatecl on the aLtey~uay, property on zi publi.c sCreeC cannoC be. acquired. Pahey su~gested Ch~t the City ACtorney g~.ive T3o,s an opini.on as to wheCher or not the proper.ty can be le;al.l.y p1.atCed. P1r. I3orer also C~o~,i.nted out that the Pxanriner of. 'f.itl.e would have to approve the plat as we11 and he could deny someth:Lng even af.te;r the City has approvecl i.t. Pa~;e -6-