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mimutes of the regular orono cm counch . <br />MEEllNG HELD ON MARCH 27,1995 <br />on thn ink. side of th. properties, a large portion of Ute right-of-way was vacated. The ^ <br />portion along the drivetvay leading to the Nelson property was not vacated since i. served ^ <br />onlv leaal access to the Nelson property. .Mr. Johnson is willing to provide anas the <br />easement but is requesting the City vacate the lakeside. Johnson sees the two issues as <br />being unrelated. Mr. Nelson is concerned that with the vacarion of the lakeside, he <br />would lose his only legal access to his driveway. Barrett said that the two are not related <br />in terms of access but ,n legal terms. Ks opinion was to move ahead with the vacation of <br />the right-of-way. Moorse sid Staff is bnngins this before the Council to either tie the <br />two issues together or move ahead with vacation without the easement being solved. <br />Jabbour asked if the lakeside right-of-way was under water. Moorse replied that it was <br />partially under water and is very low in elevation. <br />CaUahan clarified that the reason for the hesitation in vacating the lakeside right-of-way is <br />the fear of cutting the Nelson's property off with no legal access. Moorse said that <br />Nelson does have legal access. Barrett said Nelson has a prescriptive (private) easement <br />through the continued use over the last 25 years but not title to that property. There <br />would be a cloud on the title without court approval Barrett said it is not a lawyer's <br />right to determine legal access but it is a factual base. If the court is able to conclude a <br />faoual base, the pubUc interest has to be based on actual use. Callahan said he was <br />concerned that the vacation had not been done and asked Barrett if the vacation could be <br />completed without incurring Uability and damaging Mr. Nelson's property. Barren sard <br />the cloud in the title is already m place with the mistaken vacation of the alley. If it ts a <br />maner of fact, and no further damage to title is found, there could be access by getting <br />the aUey back, condemning it or representing Mr. Nelson.