08/10/1994 P&Z Minutes - Laserfiche WebLink

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• Planning & Zoning Board Minutes August 10, 1994 rather than describing all the easements individually. This process was also used on Phase 1 of Apollo Drive. The City Attorney is in the process of acquiring the ROW for the area west of the Business Park. Staff would recommend approval of the Right of Way Plat No. 2. The Public Hearing was opened at 7:05. Mr. Robinson stated that the right -of -way is already there and he wondered why the property owners were not contacted prior to the construction. One property owner had indicated to him that he was never notified or received any restitution for the project. Mr. Powell explained that every property owner (four on the north end) were contacted regarding rights of entry. The construction actually started within the City's property. Mr. Robinson stated that it is very unfortunate that City residents were subjected to something such as this without being notified. He indicated that he is very upset about this. Mr. Powell explained that they do obtain rights of entry with the understanding that the formal easement acquisition process will proceed afterward. He further added that he personally obtained formal rights of entry from each property owner. Mr. Duke Tully representing Feed Rite Control was present. He indicated that at this time the road is being used by the public. His clients have not been reimbursed yet and they would like the proceedings to be completed prior to completion of the roadway. They also have nothing signed by the City yet either. The Public Hearing was closed at 7:11 P.M. Mr. Schones asked for clarification about what was going on, is the P & Z supposed to deal with these rights of entry and easement issues. City Engineer Schneider explained that John Powell has explained some of the process. To make a better record of the easements this is one of the first projects where the City has actually platted the right of way. That is why it is before the P & Z, because it is a plat. The staff's recommendation is that the ownership question be resolved before the plat is recorded. Mr. Powell explained that when plans are completed and they find out what easements are needed, rights of entry are prepared for property owners. The property owners do not waive any rights to damages by signing the entry forms. At the same time the City Attorney commences formal easement acquisition proceedings. The legal transfer of the property is not yet complete. The City Attorney has been authorized to complete the project so it is now in the process. • Mr. Tully further questioned who would be responsible should an accident occur as the ROW has not officially been acquired. 4