03-27-1995 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 27,1995 ( #11 - 1304 Elmwood Avenue - Continued) • Callahan clarified that the reason for the hesitation in vacating the lakeside right -of -way is the fear of cutting the Nelson's property off with no legal access. Barrett said Nelson has a prescriptive (private) easement through the continuous use over the last 25 years but not title to that property. There would be a cloud on the title without court approval. Callahan asked Barrett if the vacation could be completed without incurring liability and damaging Mr. Nelson's property. Barrett said the cloud in the title is already in place with the mistaken vacation of the alley. If the inability to use the lakeside right -of -way as an access to the Nelson property is found to be a matter of fact, and no further damage to title is found, there could be access by getting the alley back, condemning it or representing Mr. Nelson regarding the prescriptive easement. Mr. Johnson voiced his frustration with the length of time it has taken to come to any decision over the vacation of the right -of -way. He reiterated how the easement and vacation are two separate issues. Johnson feels that Nelson is entitled to the use of the road but not entitled to both accesses through the alley and through the lakeside. He said there has been an impact on the sale of properties in the area because of the right -of -way issue. Mr. Nelson read a prepared statement of his objection to the vacation of "Forest Boulevard ", as the lakeside right -of -way was once called. His opinion is that he would be landlocked if the vacation is permitted. Orono had vacated all of this lakeside road is except that portion in front of the properties owned by Johnson and Nelson. If the City vacated that part located in front of the Johnson property, Nelson feels he would be left on his own to soive his access problem. Johnson was asked by Callahan if he was willing to give the easement to Nelson, which he responded he would. Barrett said that the location of the prescriptive easement may not be the ideal way to get from the house to the road and asked Johnson if he would be willing to grant an easement to an alternate route. Johnson said he was not willing to do this. Callahan agreed that the City needs to provide access for the Nelson's. Barrett concurred; though, he believes Nelson would have legal access through prescription. It was discussed that if Johnson gave prescriptive easement to Nelson and the action was uncontested in court, the cost would be about $2,000. The Council would then take action on the lakeside right -of -way vacation. Nelson was agreeable to this solution as were the members of the Council. 9