07-13-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Goldsmith stated he is not implying that is the City's role, but the problem is that by either adverse possession or agreement on a property line, that affects who owns that piece of property. Goldsmith stated the very simple issue he presented here is that he was involved in it from 1980 to the present time and those two pieces of property were identified by the fence line, which may be a legal issue. Goldsmith stated he just does not feel the City wants to be in the business of platting property that is legitimately being contested. Mattick asked if he has initiated anything at this point. Goldsmith stated he has dealt with the developer's surveyor who has gone around and put stakes out and said that the stakes are correct. Goldsmith indicated he isnot in a position to agree or disagree with that. Goldsmith stated if that portion of the property is determined to be his by adverse possession, the stakes do not make any difference but that he does not feel it would be appropriate to plat that portion of the property until the issue is resolved. Goldsmith stated to his understanding that six to ten feet will shrink the lots if it is determined to be his. Mattick asked if the developer is aware of the issue. Hanish indicated he has never spoken to Mr. Goldsmith and that Homestead Partners, nor a representative of Homestead Partners, has ever threatened Mr. Goldsmith in any way. Hanish stated if that has taken placed, it was not through their doing. Hanish stated as far as the property line is concerned, their engineer is here to answer any questions about the property boundaries. Goldsmith stated he would like to make it clear that Homestead Partners did not make the comments but that it was the real estate agent. Hanish stated he has no knowledge of that and that he signed a purchase agreement for two parcels, which is what they are attempting to purchase and develop. Goldsmith stated he did speak with the surveyor for the developer and that they did come out and put in stakes. The statement by the surveyor was that the stakes they put in matched up with the original stakes when the property was platted and that it is all correct. Goldsmith stated the surveyor specifically disavowed any claim based on occupancy or the parties' agreement that the fence line was in fact the property line. The surveyor indicated he was not involved in the legal issues. Hanish stated it is very common in old plats that fences, landscaping features, driveways and those types of things are placed over boundary lines because either permission was not granted or surveys were not done. Goldsmith noted that without that ten feet, the parcels along the north edge are less than two acres. Nate Herman, Surveyor, stated if the lot line is moved down a little bit, the lot lines can be shifted around to make two acre parcels. John Winsted, 155 Wear Lane, stated he has lived in his house for 19 years and that his property is located to the south from this parcel. Winsted stated from the very first day Wear Lane North has been a City street, which preceded his ownership of his property, and for the last 18 -plus years, the City has maintained the street. Winsted stated when a tornado came through his back yard and knocked trees Page 17 of 28