Agenda - Council - 10/27/1981 - Laserfiche WebLink

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TO: City Administrator FROM: City Attorney RE: Bison Street DATE: October 23, 1981 As I believe the Council is aware, Leonard Hinton has commensed a land registration lawsuit relating to his land in the Northwest Quarter of the Northwest Quarter of Section 9, Township 32, Range 25 and he has named the City as a defendant. Bison Street is laid out on North and South along Mr. Hinton's West property line. Bison Street is unimproved and as it is travelled, it is not within the City's designated easement. The attached copy of an aerial photograph shows the actual travelled roadway in relation to the proper easement which is shown by the dotted lines. It is, of course, important that the City's streets be located within their proper boundaries and it is, therefore, proposed that when the City takes action to hard surface this street or permanent utilities are placed such as sewer and water, that the street be relocated such that it is entirely within the easement boundaries. You should, however, be aware, the City's uses rights acquired by that theuse and maintenance of Bison for at least the last six (6) years would allow the street to remain in its present location, but the land we acquire by uses rights is only that amount actually used and this would probably not be wide enough for future improvements. By looking at the aerial photo, it appears that the only problem with a future realignment may be the house on the South end of Bison which would lose some front yard. action authorize the Attorney on behalf of the City Your will be (1) City to enter into a settlement with Mr. Hinton whereby the road remains in its present location until it ~eceives permanent improvements and/or utilities or (2) direct the Attorney to work out some other arrangement with Mr. Hinton. WKG:sb