2005-10-11 - Laserfiche WebLink

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Attorney Stephens Giles addressed the council regarding the Chadwick and Dylan Streets lawsuit. Mr. Giles said he and the involved parties had reached a settlement on three separate issues if approved by the council. The first issue pertains to the paving of Chadwick extended. Mr. Giles said Mr. Anderson and Mr. Vinson have agreed to pay the cost of building the street and cover it with chip seal. The expense to the landowners will be a combined expense of approximately $2,500.00. The City will then pay for the expense to bring the street up to city code which would include installing curbs, gutters and covering with asphalt. The cost to the City will be approximately $4,700.00. Mr. Charles Goff has agreed to reimburse the City for its cost to bring Chadwick extended up to city code if he sells any additional lot from his property that would use Chadwick Street for ingress or egress. The second issue is the paving of Dylan Street. Mr. Giles said the parties involved want Dylan to remain a private drive. They will construct the drive 12' wide and cover with chip seal. The drive will serve 6 lots and will remain a private drive, not maintained by the city. The third issue is the platting of the 6 lot subdivision. The parties involved will have the subdivision surveyed and provide a plat to the Planning Commission and city council for approval. Mr. Giles encouraged the council to accept the proposals. He said to take the issue to court would take a long time and he has been assured by the parties involved that they would appeal any decision that did not go in their favor. The Release and Settlement Agreement will say the following: "The parties agree to this Release and Settlement Agreement for the purpose of the efficient and effective resolution of this dispute and to avoid the risk, cost and delay incurred by continued litigation. It is understood and agreed that this Agreement is a compromise of disputed claims and