Minutes-06/14/1989

Attorney: If the property is sold, it's Rugger's problem. He has easements for public property. If it's no longer public property, he has a problem. I've talked to him and he's aware of the issue. Council directed attorney to write to Richard Rugger advising him that the city plans to vacate the alley in block 3 between Grant and Railroad Streets and that he should take care of easements for his cable television project. Potter: Rugger hasn't furnished the city with an accurate map, yet. Hart: What if the city had a sewer or water main in the alley? Attorney: The easement would convey. It's different with a private individual. Potter instructed Hart to do a pinned survey of the alley. A RESOLUTION VACATING THE ALLEY LOCATED IN BLOCK 3 OF THE ORIGINAL TOWN OF TIFFIN IOWA, AS SHOWN BY THE PLAT IN DEED RECORD 27, PAGE 462, OF THE RECORDS OF THE JOHNSON COUNTY, IOWA, RECORDER, WHICH IS BORDERED BY GRANT STREET AND COLLEGE STREET TO THE EAST AND WEST, AND IS BETWEEN SECOND AND RAILROAD STREETS IN TIFFIN, JOHNSON COUNTY, IOWA was introduced by Spivey seconded by Stratton with public hearing set for July 12, 1989 at 7:00 p.m. at the fire station. Roll call vote: Eggers, aye; Morgan, aye; Spivey, aye; Stoner, aye; Stratton, aye. Mayor declared Resolution No. 1989-5 duly passed and adopted. Greenleaf reported that the owners of the property through which the city wants an easement to the water tower want the city to install a 60 foot road. Hart: The first time I talked to them there wasn't any problem. Now they won't call me back. I told them we only wanted enough room for a maintenance vehicle to get through. Can you condemn property outside of the city limits? Attorney: Yes. Hart: There isn't room for a 60 foot road. You'd be in the revenue. Attorney: It's very expensive to condemn and should only be a last resort. Hart: Does the city have any rights over the Williams property since they used it for twenty years? Attorney: Do you mean adverse possession? Spivey: Probably, there was only a verbal agreement with the school. Attorney: The new property owner would not be bound by adverse possession claims because the use has to be "open and notorious." If the same property owner let this happen, you might claim adverse possession. Stratton: Would Williams reconsider since we're having such a problem getting through the other way? Spivey: I'm sure he doesn't want an easement running at an angle through the whole thing. Someday it might be developed into lots. Attorney: Perhaps he could let the city use it until such time as he wants to develop the property. It's not a problem until then. Potter directed the attorney to keep communicating with the Roger's family and Spivey will talk to Leonard Vorel again. Attorney will contact Meardon. Potter will ask Williams about a stop-gap agreement.