Agenda - Council - 06/10/2008 - Laserfiche WebLink

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Background: REPORT FROM PUBLIC WORKS By Public Works Staff CASE # The Public Works Committee met on Tuesday, May 20, 2008 and discussed the following five cases: CITIZEN INPUT There was none. APPROVE AGENDA Motion to approve the agenda and move Case #4 and Case #5 earlier on the agenda. Case #1 Report on 160 Avenue mediation Settlement Committee Action: No action required. Background: The purpose of this case was to bring closure to a complicated access / right of way issue that evolved as the - result of the platted of the Trappers ridge subdivision. Because a portion of 160 Avenue was not properly dedicated to the township on the metes and bounds legal description, the city subsequently obtained the right of way to provide access to the Trapper Ridge lot. However a public roadway has not been constructed and an unpaved private driveway provides access to the Hunters Ridge lot. Since this driveway is within a public right of way an adjacent land owner claims the ability to using the private drive. This has caused a conflict which was referred to mediation. A proposed resolution was proposed which would include the following: (a) the City would clear the right of way 18 feet on each side of the centerline and grub the stumps and grade the road to a width of 36 feet; (b) the owner of the Hunters Ridge property would construct a 20 foot wide, four inch lift of class 5 of which a 12 foot width would be paved (c) the Hinters Ridge property owner would provide plowing of the paved drive. The Committee had concerns over the legality of having a private property owner responsible for maintaining a public right of way and whether this requirement could be binding upon successors to the property. It was agreed that City Attorney Goodrich should render an opinion on these issues.