11-25-87 Council Minutes - Laserfiche WebLink

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MINUTES City Council Nov. 25, 1987 Hauth Fahey r•eviewed the letter• sent to the City by Mr~. Kenneth Hauth Easement r~equesting that he be compensated for• the easement he gr•anted the Compensati on Ci ty for~ Syl van Str~eet poi nti ng out that pr•oper~ty owner•s adj acent ,. to him were compensated for their easements. Agenda Item No. 6 The City Attor•ney repor~ted that in November~ of 1986 Mr. Hauth gr•anted the City the necessar•y easements for~ Sylvan Str•eet, Imp. No. 86-15. These easements wer~e filed and r~ecor•ded and a Consent to Easement was r•eceived fr~om the mor•tgagee of the pr~oper~ty. The Attor•ney r•epor•ted that ther~e wer•e appr•oximately 16 easements r•equir•ed for~ Sylvan Str~eet, which for• the most par~t wer•e tempor•ar•y. 10 or• 11 easements wer•e gr•anted with no compensation. About 4 or• 5 of the easements wer•e obtained with compensation paid or• ar~e in the condemnation process and compensation will be paid. The Attor•ney r•epor•ted that the compensation amounts as outlined in Mr~. Hauth's letter• ar•e cor•r•ect. The Attor•ney also r~epor~ted that the Hauth easements wer•e obtained by the Ci ty under• no dur~ess or~ fr•aud to obtai n the si gnatur•es on the easements. At this point in time the City is under• no legal obligation to compensate Hauth for~ the easements. However~, if the City is of the mind to compensate Hauth, the City Attor~ney suggested that based on the City Appr~aiser•'s figur~es which wer•e used to calculate other• easement compensations, Hauth be compensated at a r•ate of 17 cents per~ squar~e foot for• the tempor~ar•y easement. As 6,000 squar~e feet wer•e needed, the easement amount would be $892.50. The Attor•ney suggested that Hauth be compensated at a r•ate of $2.18 per~ square foot for the per~manent easement, and as 750 squar~e feet wer•e r•equir•ed, $1,635 would be the amount of that easement. Total easement compensation would be $2,527.50. The City Clerk r•epor•ted that ther~e ar•e sufficient funds in the constr•uction account for• this impr~ovement to pay for~ the Hauth easement. Hauth r~eported that when he signed the easement he was not awar•e that any compensation was being paid to anyone for• their• easements. Hauth r~epor•ted that he ~s only r•equesting that he be compensated at a r•ate equal to that of his neighbor•s. Hauth questioned the differ•ence in the compensation suggested by the Attor•ney for• hi s easement and the amount pai d to Mr•. Day for• hi s easement. Hauth r~epor~ted that the Day pr•oper•ty i s a mi r~r•or~-image of his and felt that the easements necessar•y on the two pr~oper~ties would be the same. The City Attor•ney r•epor•ted that he did not have the Day easement file befor•e him and would have to r~eview this file to r•espond to the question. Page -3-