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01-28-1991 Council Minutes
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01-28-1991 Council Minutes
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' I <br />ORONO COUNCIL MEETING HELD JANUARY 28, 1991 <br />STREET CONVERSION ORDINANCE CONTINUED <br />responsibility of paying taxes on that road." <br />Mr. Wear said, "It is my understanding that I would still be <br />responsible for the road from where it touches our property to <br />the other end. How will the road be maintained? Who is dividing <br />it up ?" <br />Bernhardson replied, "The City is going to take over the <br />road completely." <br />Mr. Wear said, "The City is going to take over the road <br />completely, but will not pay for it. I believe I should be <br />compensated for it." <br />Mayor Peterson stated that she had raised the question of <br />compensation to Mr. We at the last Council meeting. She asked <br />Barrett to reiterate what his response to her question. <br />Barrett said, "When the land was subdivided, Mr. Wear <br />provided the City with an easement for the road it is now <br />declaring public. When that easement was granted as a condition <br />of the subdivision, Mr. Wear gave up all rights to the property, <br />depending on when the City want-ad to open up the public road. <br />That time may have come, depending on how Council votes on this <br />Ordinance. If Council adopts the Ordinance, it is exercising the <br />property rights it already holds to open the road to the public. <br />That exercise of an existing property right by the City Council, <br />does not require, in my judgment, compensation to someone who has <br />previously held that property as a private road." <br />Bernhardson added, "City Attorney Barrett had also stated at <br />the last meeting that under most normal circumstances, roads in a <br />community are dedicated public at the time of subdivision. It is <br />than the responsibility of the subdivider to construct the road <br />and turn it over to the City. It is just a ;.natter of timing. <br />The City could have taken the road when Mr. Wear's subdivision <br />was completed. T "-ie City is not doing anything unusual." <br />Ms. Priscilla Elder, 2850 Wear Circle, asked if the City was <br />in fact taking over the maintenance of the road, and, if so, when <br />that would become effective. <br />Bernhardson state <br />become effective once <br />1991." <br />Ms. Elder stated <br />her, nor her husband, <br />public:" <br />d that the Ordinance, if adopted, would <br />it is published on Monday, February 4, <br />that aside from those questions, neither <br />had any concerns about the road becoming <br />Mr. Michael Sievert, 85 Wear Lane North, stated that he paid <br />- 16 - <br />
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