CC Minutes - 12/078/98 Meeting - Laserfiche WebLink

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Mr. Tollenaar asked if the liability of the title insurance purchased at the time of the sale of the property in question had been investigated. Mr. Johnson replied that the property owner had reported that the company which had issued the policy had refused to accept responsibility for the error. Mr. Johnson announced that the council would consider Council Bill 4675, an ordinance vacating the cul-de-sac located on the east side of Portland Street, providing an effective date, and potential repeal date of June 7, 1999. Mr. Farr moved, seconded by Mr. Tollenaar, that Council Bill 4675, with the unanimous consent of the council be read the second time by Council Bill number only, and that enactment be considered at this time. The motion was adopted unanimously, 7:0. Mr. Johnson announced that the council would consider Council Bill 4675 by number only. Mr. Farr moved, seconded by Mr. Tollenaar, that Council Bill 4675 be approved and given final passage. The motion was adopted unanimously, 7:0. Mr. Farr moved, seconded by Mr. Tollenaar, that the City of Eugene pay for the boundary lot line survey necessary to complete the vacation approved in Council Bill 4675. Mr. Tollenaar said he believed the title insurance involved in the most recent purchase of the property in question should be held liable for not discovering the error which was requiring the lot line survey and vacation. Mr. Farr stated that he believed the City's initial error needed to be rectified by payment of the costs involved. Ms. Nathanson said that she agreed with Mr. Farr. She asked if the City Attorney could become involved in seeking repayment of costs from the title insurance company identified by Mr. Tollenaar. Mr. Klein stated that it was unlikely that the City would have anything more than moral suasion in the situation since it was not a party to the insurance policy. Mayor Torrey suggested that more could be spent in legal fees to prove the insurance provider liable than would be involved in paying for the lot line survey. Mr. Laue said that he did not believe the City bore all of the responsibility for the problem under consideration, but he would support the motion. The motion to pay for the boundary lot line survey was adopted, 6:1, with Mr. Tollenaar voting negatively. 7. PUBLIC HEARING: ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION BY MINUTES--Eugene City Council December 7, 1998 Page 15 7:30 p.m.