CCMIN120611 - Laserfiche WebLink

the motion include conditions of approval with minor modification to condition 102 be incorporated. He pointed out that condition 82 in that it requires staff to review the drainage plan and address any concerns. Councilmember Sullivan questioned and confirmed that the rodent control condition is an existing condition. Mr. Dolan stated that since the time the proposal was before the Council, there were issues raised and this was the reason for the continuance. Staff has met with concerned neighbors and worked through those issues. There was some concern regarding the status of an historic roadway easement that ultimately became Cameron Avenue, a public right-of-way. Therefore, the historic easement is superseded. There was a small issue when the properties were dedicating land to the City to construct Cameron Avenue and make it a public street. One dedication was not recorded for one of the properties back in the 1980's. Essentially, that particular lot extends to the middle of the right-of-way due to this clerical error. So, the property owner has worked with the City and has agreed to negotiate a transfer of that portion of the right-of-way in question based on an appraisal of fair market value. The issue does not affect the project and he presented a graphic of the sliver of property. Mr. Dolan said there was some question as to whether or not the surveys and the location of Cameron Avenue were correct. Staff hired an independent third party to review the surveys which returned back as accurate. The legal description is correct. The clerical error was simply an issue of not recording the transfer of the property. The Council did take action to accept it and this mistake is taken care of. Staff believes that all neighborhood issues have been resolved and continue to recommend approval of the project. Mayor Hosterman opened the public hearing. Debbie Leuthauser said she lives on the property next to the Selway and Lehman properties at 3623 Cameron Avenue. When the Ponderosa project was originally going to take place, Ponderosa told them they had 5 feet beyond their fence which was legally their land. There was a surveyor hired privately and this surveyor has said they are using the wrong marker to survey their land. The marker which should be used is further down the street which brings their land out between 20 to 26 feet beyond their fence. In going to the County and looking at all County maps, it shows their property does go out further. It goes out to the curb of the property across the street and cuts straight across to their property; therefore, they have more than 5 feet. The other concern is that they have a grant deed which was dated 11/23/88 and was executed between Williams Sebulsky, owner at the time, and the City, and this was the right-of-way grant deed. However, it is illegal because the APN number is not their APN number. Therefore, the entire right-of-way does not refer to their property. The reason they want this resolved is because they have their house for sale and every potential buyer wants to know what will happen next door and they cannot tell them how much property they own. Terry Leuthauser said the sidewalk right-of-way is a subterranean water easement and he was not sure this makes a difference in the City using it for a sidewalk or not, but this was not the original intent. Mayor Hosterman confirmed the Leuthausers raised these issues with the County and through looking at deeds. In response to Councilmember Cook-Kallio Ms. Leuthauser stated she has no idea whose property it was. Mr. Dolan said staff researched this issue. The transfer took place, but at some point in time, the County changed the APN number, and so it does not match what they have now which has caused some confusion. Staff's intent was to provide the Council with that information before tonight, and was not sure why this did not happen. Regarding the second issue of when the surveys came out, he asked the City Engineer; Steve Kirkpatrick to share in what they found when hiring a third party. Steve Kirkpatrick, City Engineer, introduced Tony McCantz from Care and Associates who performed the survey. City Council Minutes Page 15 of 18 December 6, 2011