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LIM <br />REGULAR MEETING <br />FEBRUARY 4, 1974 <br />REPORT ON MC DONALD'S PETITION TO VACATE ALLEY <br />Mr. James A. Roemer, City Attorney, reported to the Board that he had investigated <br />the Board's request that consideration be given to assessing benefits in the <br />proposed vacation of an alley petitioned by McDonald's Restaurant. Mr. Roemer <br />said it would be his recommendation that the Board not do this since it is not <br />normally done in a vacation procedure and this might be setting a precedent. <br />He said in a vacation procedure where there are several property owners, it might <br />be difficult to get them all to agree to pay for the property they would get. <br />He also said the purpose of vacating property is to get it back on the tax rolls. <br />Assessing benefits in a vacation procedure would be difficult administratively <br />and would require a tremendous amount of negotiating. He said he would favor <br />the Board asking McDonald's for quitclaim deed to their least; -hold interest <br />in the property they are leasing where the Madison Street bridge approach is <br />needed, in the event of any eminent domain proceeding in regard to obtaining the <br />right-of-way. Mr. Steve Lilly of McDonald's was present. He said he has con- <br />tacted his company's legal department and they feel it would be difficult to <br />give a quitclaim deed for the property in question. If there was a condemnation <br />suit on that parcel, it was felt that giving a quitclaim deed to the City might <br />alienate the fee holder's interest and put a cloud on their title. He said they <br />would consider giving the City a release in the amount of $10,000 of any <br />condemnation award that might be made. McDonald's lease expires in 1982. Mr. <br />Roemer then asked if Mr. Lilly would present a written proposal for the Board's <br />consideration. Mr. Lilly said that he would. Mr. Roemer recommended that the <br />Board proceed with the normal procedure in the vacation of the alley McDonald's <br />is petitioning to vacate. Upon motion made, seconded and carried, the'Board <br />referred the petition to the Division of Engineering for the preparation of the <br />Vacation Resolution. <br />There being no further business to come before the Board, upon motion made, <br />seconded and carried, the meeting adjourned at 10:25 a.m. <br />Rollin E. Farrand <br />s R. Seitz <br />