Ordinance No. 20053 - Laserfiche WebLink

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feel that they are being assessed for 238 feet of frontage on the sidewalk and curb improvement where the improvement is located on ODOT property that is not adjacent to the Beckley property. Mr. Clayton stated that the Beckleys have no recorded right of access or easement across the ODOT right of way to the traveled portion of Highway 99. The Beckleys at one point had tried to purchase the widened right of way, which would have brought their property line up to the area of the sidewalk and curb, but the Beckleys withdrew their offer. The Beckleys' argument is that they should not be assessed for the state property where the sidewalk divides the state property but does not abut their property. Mr. Clayton also asserted that the portion of the property on Bethel Drive was assessed for the cost of curbs and sidewalks on Highway 99. The main concern of the Beckleys is that they are being assessed for improvements that do not abut their property. Mr. Mills of the City Engineering Division responded that the widened right of way was acquired by ODOT in 1993, and that the Beckleys were provided an access permit that allowed access to Highway 99. Mr. Mills also explained that the area of right-of-way between the sidewalk and the Beckley property is landscaped, except for the area where a driveway apron provides access to the Beckley property. The next member of the public to address the hearing was Mr. Paul Spotten Mr. Spotten owns property within the local improvement district, located along the Highway 99 right-of-way adjacent to Barger Drive. Mr. Spotten is concerned because of the limited access allowed to his property. Mr. Spotten originally requested five access points. The state's preliminary decision was to allow three access points to the Spotten property, Mr. Spotten appealed this decision, and the result of the appeal was that Mr. Spotten was allowed two access points to the property from Highway 99. Mr. Spotten also had concerns similar to those expressed by Mr. Clayton on behalf of the Beckleys. Mr. Spotten's property is separated from the sidewalk installed along the ~raveled portion of Highway 99 by approximately thirty (30) feet of state right-of-way. At one time Mr. Spotten leased the use of this portion of the right-of-way from the state, but that lease is no longer valid. Mr. Spotten is especially concerned because of the unusual shape of his property. The Spotten property has approximately 600 feet abutting Highway 99, but is a long narrow strip that at its narrowest is approximately 20 feet wide, and only widens slightly throughout its length. Mr. Spotten' s concerns are made more severe because it is his understanding that the state intends to declare the portion of the right-of-way between the developed curb and sidewalk and the Spotten property to be surplus property. This would then allow the state to sell the property to another person. Mr. Mills acknowledged the accuracy of Mr. Spotten's description of the right-of-way adjacent to his property, and confirmed that the state may declare the excess right of way to be surplus property. Mr. Mills explained that there are approximately ten properties in the local improvement district where there is excess right-of-way behind at least a portion of the developed sidewalk and the actual edge of the right-of-way. ODOT does not expect to need or Minutes, May 21, 1996 Public Hearing, Highway 99 Improvements Page 2