City Council Minutes 2016 07 05 - Laserfiche WebLink

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City Council Meeting Minutes July 5, 2016 Page 5 of 10 Mayor Muckle opened the public hearing and called for a staff presentation. City Manager Fleming stated this ordinance is to clarify the boundary between Memory Square Park and 833 Jefferson Avenue. There are discrepancies in the legal description for the boundary lines for the lot. Over 20 years ago the fence was placed with good faith where the parties thought the boundary line was, although the fence is 1.57 to 3.23 feet too far south. Further complicating matters, on the western side of the property, the City vacated the alley, which typically results in the adjacent property owners gaining the vacated property. However, at 833 Jefferson Avenue the fence is still on the previous boundary line of the alley. To address the issues and uncertainties the property owners and the City have drafted a boundary line agreement to allow the fence to stay where it is as the agreed upon boundary line of the property. Mayor Muckle asked for applicant comments and hearing none, asked for public comments. Hearing none, he called for Council comment. Mayor Muckle suggested this be approved. Council member Loo agreed. Mayor Muckle closed the public hearing. City Attomey Light stated the recommendation is specific to the facts of this case. It appears there was essentially a mutual mistake regarding the location of the fence originally and the parties on either side of the fence relied on the fence as the boundary line. The agreement also resolves the issue on the west side where the fence does not align with the alley vacation description when the alley was vacated in the early 1980's. The boundary line agreement is a mutual resolution to these situations, the issues were looked at running either direction of boundaries through a sort of estoppel, acquiescence or adverse possession and it was clear in the opinion of the City Attorney's office, those principles don't run against the City. There is still the discrepancy of where the fence sits in relation to the boundary lines under the original deed, so a boundary line adjustment agreement is recommended. Mayor Muckle noted this does not affect any other properties or set any new survey points. MOTION Council member Keany moved to approve Ordinance No. 1721, Series 2016, Council member Stolzmann seconded. Roll Call Vote 6 -0. Council member Maloney absent. DISCUSSION /DIRECTION: OPEN SPACE RANKING ACQUISITION POLICY City Manager Fleming gave the staff presentation noting the item came from Council member's concerns about how the City ranks open space parcels to purchase. He