1962-01-22 - Laserfiche WebLink

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~ATTER RE: EUGENE E. DOUGLAS PROPERTY RESOLUTION SETTING FORTH HISTORY AND REASONS FOR ACTION TAKEN RE= EUGENE ED DOUGLAS MATTER 1o CONSIDERATION OF EUGENE E. DOUGLAS MATTER, 2. RESOLUTION RE= BLUE RIDGE'SANATORIUM. 3. COURT House AND CL£RKtS OFFICE, BY ORDER OF J. $o RUSHLJRo (SIGNED) CLERK L. Lo SCRIBNER (SIGNED~ PRESIDENT THE COUNCIL MET IN SPECIAL SESSION ON THIS DATE WITH THE FOLLOWING MEMBERS PRESENT= HR, HAGGERTY~ HR. LEE, MR. MOUNT~ MR, PONTON AND MR. SCRIBNER. ABSENT= NONE, THE CITY ATTORNEY ADVISED THE COUNCIL AS TO THE RECENT PROCEEDINGS AGAINST EUGENE E, DOUGLAS AND THE NECESSITY~ AS REQUIRED BY THE CORPORATION COURT~ FOR A FORMAL RESOLUTION OF THE COUNCIL AND RECOMMENDED THE ADOPTION OF A RESOLUTION SETTING FORTH THE HISTORY AND REASONS FOR THE ACTION TAKEN. ON MOTION BY MR. HAGGERTY~ SECONDED BY HR. LEE~ THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED= ~/HEREAS~ THE CITY COUNCIL THROUGH ITS CITY MANAGER NEGOTIATED WITH MR, EUGENE E. DOUGLAS IN THE FALL OF 1957 FOR AN EXCHANGE OF PROPERTIES AT THE INTERSECTION OF CLEVELAND AVENUE & JEFFERSON PARK AVENUE~ AND ~IEREAS~ MR. DOUGLAS AGREED TO GRANT TO THE CITY A PARCEL,OF HIS LAND CONTAINING APPROXIMATELY 400 SQ. FT. AT THE REAR OF HIS PROPERTY FOR THE SUM OF ~300 AND A QUITCLAIM DEED BY THE CITY FOR A PART OF CLEVELAND AVENUE ON THE NORTH SIDE OF HIS HOUSE COMPRISING APPROXIMATELY 3,400 SQ. FTo~ AND SAID PORTION OF CLEVELAND AVENUE TO BE QUITCLAIMED AFTER THE NEW STREET WAS COMPLETEO~ AND ~'IEREAS, MR, AND MRS. DOUGLAS DID SIGN A DEED PREPARED BY THE CITY FOR THE FOREGOING~ AND ~*fHEREA$~ THE DEED AS PREPARED SY THE CITY~ THROUGH AN OVERSIGHT FAILED TO INCLUDE THE USUAL CLAUSES TO RETAIN THE RIGHT TO MAINTAIN AND REPAIR THE UTILITY LINES AND STORM SEWER LINES ALREADY IN CLEVELAND AVENUE AND TO FILL AND SLOPE~ AND ~tEREA$~ MR. DOUGLAS THEN REFUSED TO SIGN A CORRECTED DEED WITH THE RIGHT TO SLOPE AND RIGHT TO MAINTAIN AND REPAIR SAID LINES WITHOUT THE PAYMENT OF ADDITIONAL MONEY, AND ~IEREAS~ MR, DOUGLAS THEN EMPLOYED AN ENGINEER WHO RECOMMENDED IN SEPTEMBER~ 1958, THAT HE NOT EXECUTE A DEED WITH SUCH CLAUSES IN IT~ BUT RATHER THAT HE ONLY SIGN IF NEW LINES SE PUT IN THE NEW STREET~ THAT THE SLOPE NOT EXTEND ONTO THE DOUGLAS PROPERTY AND THAT A ROCK WALL BE CONSTRUCTED ON THE NEW PROPERTY LINE WITH A WIRE FENCE ALONG THE TOP OF THE WALL AND THAT A PAVED ENTRANCE DRIVEWAY BE PROVIDED ACROSS HIS PROPERTY TO REACH HIS DRIVE~ AND THE RECOMMENDATIONS OF THIS LETTER WERE CONVEYED TO THE CITY AT WHICH TIME IT WAS DETERMINED THAT THE COST OF SUCH RECOMMENDATIONS WOULD BE OVER ~5,000, AND ~L,~HE~[A$, THE FIRST PAGE TO THE DEED AS SIGNED SECAME MISPLACED AND IT WAS NOT UNTIL MARCH~ 1960~ THAT THIS PAGE WAS FOUND AND THE DEED PUT TO RECORD, AND ~HEREAS~ iN MARCH, 1960~ THE CITY ATTORNEY WAS INSTRUCTED TO NEGOTIATE WITH DOUGLAS FOR THE ACQUISITION FOR THE EASEMENTS ERRONEOUSLY OMITTED FROM THE DEED, WHICH NEGOTIATIONS WERE UNFRUITFUL, AND ~[~[A$~ THE CITY ATTORNEY, BY RESOLUTION OF THE COUNCIL~ DULY ADOPTED IN APRIL~ 1960, WAS INSTRUCTED TO OFFER DOUGLAS THE SUM OF ~150 FOR SUCH EASEMENTS OR TO COMMENCE EMINENT DOMAIN PROCEEDINGS~ AND SUCH OFFER WAS NOT ACCEPTED AND EMINENT DOMAIN PROCEEDINGS THEN INSTITUTED~ AND ~HERgAS~ AFTER SEVERAL MONTHS ~F DELAY CAUSED BY OBdECTIONS TO SUCH EMINENT DOMAIN PROCEEDINGS BY T~HE DEFENOANT~ IT WAS DETERMINED TO NONSUlT PROCEEDINGS SO THAT A NEW OFFER COMPLYING WITH THE DEMANDS OF THE DEFENDANT COULD BE MADE, AND DELETING THE EASEMENT FOR THE WATER AND GAS LINES' SINCE THE CITY HAD HAD TO INSTALL LARGER. LINES IN