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01-14-1991 Council Packet
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01-14-1991 Council Packet
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if <br />f <br />t <br />r <br />b'-' <br />rnon MiJiv mpl; *ZZ :. «.:»<»! ;: j «j <br />. 1 <br />•; <br />Now that fcho City is osarcissing it3 right to Wear Lane North <br />and will assuma all of the aasociatod maintenance coats, no damages <br />era being suffered by Mr. Wear or any of the lot purchasers. The <br />nature of the aubdivlsion will not be changed by the completion of <br />the road. None of the lot owners are losing access to their lots. <br />To the contrary^ the lot owners are gaining increased access to the <br />property. Xn actuality, the eatensiun of Wear Lane North to the <br />subdivision platted just north of Rolling Meadows Second Addition may <br />result in higher heme values in the Rolling Meadows Addition. <br />Additionally, the lot owners are now relieved from the financial <br />obligations which would be incurred In maintaining Wear Lane North. <br />6. Conclusion. <br />When Nr. Wear filed the plat with the City of Orono he <br />dedicated certain lands to be used as public roads. Mr. Wear is now <br />estopped from challenging the validity of the plat which he submitted <br />to the City. Since Mr. Wear haa retained no interest in the roadway <br />to be built, no taking has occurred. Further, Mr. Wear has suffered <br />no demeges eince the City's actions have only resulted in a benefit <br />4 <br />to Kc. Wear in that he no longer has to incur costs for the <br />completion or the melntenance of wear Lane North. The City's actions <br />see proper In that they are msde pursuant to City plans seeking to <br />elloviate congestion associated with development. The completion of <br />Outlet ■ is necessary to ensure access to future subdivisions and to <br />elleviste congestion on old roads. <br />iTJB40S <br />J^T V../-
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