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MINUTES <br />CITY COUNCIL <br />OCTOBER 13, 1993 <br />The City Administrator reported that there is nothing <br />in the City records indicating that the City was ever <br />given any documents for the road easement. The <br />Administrator also reported that John Gerten was the <br />attorney representing Mr. Scully's father in 1980, and <br />Mr. Gerten has no records showing.that the legal <br />description for the road easement was prepared. The <br />Administrator reported that it has been a matter of <br />policy that costs associated with preparing easements <br />required when property is subdivided have been the <br />responsibility of the property owner. <br />The Administrator reported that Mr. Scully was anxious <br />to begin construction on his garage, therefore, rather <br />than hold up the building permit waiting for the road <br />easement to be finalized, a$500 deposit was required <br />to cover the cost of the easement. If the cost is <br />under the $500, Mr. Scully will be rebated the <br />difference. Again, the Administrator noted that the <br />staff cannot find evidence that the City was ever given <br />the documents for the road easement, and the road <br />easement was never recorded at the County. <br />Scully pointed out that the lots which his father sold <br />were all recorded, and questioned how the easement <br />slipped by. Scully did not believe his building permit <br />should have been held up for something which should <br />have been taken care of in 1980. Scully also objected <br />to his paying for the easement to be recorded. Scully <br />indicated that as far as he was concerned the easement <br />was given to the City in 1980 and was accepted by the <br />City. <br />The City Administrator pointed out that there is no <br />easement of record, and one of the conditions of <br />building permit approval was that the easement matter <br />be finalized. The City has contacted a surveyor to <br />draw up the easement description. That description <br />will then be used by the City Attorney to draw up the <br />deed for the road easement. The Administrator reported <br />that he had estimated that it will take $500 to cover <br />the costs of the surveyor and City Attorney in this <br />matter. <br />Council continued discussion of the this matter and it <br />was suggested that whoever did the survey work for the <br />lots back in 1980 had also put together an easement <br />description for the road easement. Scalze indicated <br />that she would research her records to determine the <br />name of the surveyor. The City would then be able to <br />contact the surveyor to determine if the easement had <br />been described. <br />Page 21 <br />