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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 27, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 15 of 29 7. #15-3749 HOMESTEAD PARTNERS, 185 AND 225 OLD CRYSTAL BAY ROAD NORTH – PRELIMINARY PLAT APPROVAL – RESOLUTION NO. 6528 (continued) Mattick stated City Code requires a certified survey. Mattick stated asserting an adverse possession claim based on Mr. Goldsmith’s assertion that he has acquired some of this land would take an affirmative act by him to assert his rights. Mattick stated he and the City Council are not going to weigh in on whether Mr. Goldsmith has a valid claim and that the City is not saying the developer wins and Mr. Goldsmith loses since the City Council cannot decide that. Mattick stated City Code requires the submittal of a certified survey, which the applicant has done, and if a decision comes in between preliminary plat and final plat, the City will need to look at that. Mattick stated at this point the applicant has met the requirements of the code that they own the property with the survey. Goldsmith stated he is not disagreeing except for the last point, which is clearly that the existence of a maintained fence line gives some indication of a potential dispute that could be resolved one way or another. Goldsmith stated the City is not absolved of the responsibility of platting the property and that in his view the only point here is if, in fact, City wants to find out in 24 months that the lots are too small, the setbacks are insufficient, and the building pads will no longer work. Goldsmith stated it seems to him that when there is a clear indication of a maintained fence, the City should not step blindly into it based strictly on a survey when there are clear indications of adverse possessed property and a practical boundary line that has existed for 50 years, the City. Mattick stated Mr. Goldsmith has to prove that claim and he hasn’t at this point. Goldsmith stated that is something he will do if he is unable to resolve it, but that the City should not start with the presumption that those two type of claims will not trump the survey. Goldsmith stated right now all they know is that they have a fence line that is clearly six to ten feet south of where the survey line is. Mattick stated if Mr. Goldsmith establishes it legally, that would trump the survey, but at the present time there is nothing to validate that. Goldsmith stated if that is the case, the applicant is going to end up with substandard lots, substandard setbacks, and utility easements and other things that are wrong. Goldsmith questioned why the City Council would do that. Goldsmith noted it will likely take him 18 to 24 months before this matter is resolved and that it seems to him there is some obligation on the part of the applicants to say that they are going to plat this property and that they will be claiming six to ten feet on the north side of this fence.