Minutes-04/12/1989

Stratton: Who owns it then? Greenleaf: That depends upon the right-of-way easement with the phone company. Ryan: If owners are agreeable, will the city give an easement to all property owners for ten feet? I don't understand this adverse possession. M. Potter: My garage is right on the lot line and the alley takes up everything between my garage and Smith's garage. Potter: What should we do? Greenleaf: This is not a legal question but a matter of policy. The city does not have to open the alley it they don't want to. Hart: It's public ground. Ryan: Do you have any plans for it in the next twenty years? Potter: No. Ryan: If property owners maintain it, why can't they have it? Stoner: Just vacate it. Greenleaf: That's a possibility. Potter: Give half to each property owner. Spivey: Can it be given away this way? Greenleaf: Yes. Hart: This is done by description. Greenleaf: Property owners work out use agreements or easements among themselves. Stratton: What about liability? Greenleaf: The property is gone. There's no liability to the city. That's up to the property owners. The city wouldn't own it anymore. If it's vacated, it's given to the adjoining property owners. Ryan: If it's vacated, would the city ever want it back? Potter: No. Stratton: The television cables run through the alley. Hart: Easements would carry with the property. M. Potter: What would it cost to have an abstract updated? Greenleaf: That doesn't need to be done until you sell your property. Stratton: The town shouldn't have to pay any costs here. Greenleaf: It shouldn't cost the town too much. It's not a complex procedure. Hart: No survey. It's all done on paper. Smith: What proof do I have to take to the court house to show that this is part of my property now? Greenleaf: The vacating documents become a part of public record and are recorded at the court house. Motion Stoner second Eggers to start procedures to vacate alley in the first block between Grant and College Streets. Roll call vote: Eggers, aye; Spivey, aye; Stoner, aye; Stratton, aye. Morgan absent. Motion carried. Greenleaf reported that the easement to the water tower is almost finished now that he knows who all the property owners are. Motion Spivey second Stoner to approve building permits for Mike Ryan for house and garage at 120 College Street effective when certification is received that plans meet C.A.O.B. standards. Carried unanimously.