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Show 4 1 uebduy, July 14, 1 Lakeside Elflb Lakeside Review Council passes motion on property f By LORI J. NAKAYU - ; Standard-Examine- r correspondent SOUTH WEBER - At a council meeting South Weber City Council Member Robert Flinders left his place sitting with the other members of the five person council to address the policy-makin- g body as a concerned citizen. re-ce- nt employees of South Webers Public Works Department dug up our yard and installed a valve on our property, said Flinders. the city were to consider purchasstrips ing all of the 15- - or of land underneath South Webers roadways. He said the valve was placed behind the back of the curb and We are a small city with ited revenues, said Frost. the yard without any contact ' And although a resolution was passed at that council meeting, the city has decided to reconsider the issue again at tonights council meeting. Fm afraid we are going to end up in court on this matter, said Flinders, who appeared before the city council in August and October of last year concerning encroachment on his property and damage to his pine trees when curb and gutter was installed along 1900 East. Mayor To my knowledge, there are no recorded easements or a This last visit before the council was prompted by a recent cu- linary water line extension across 1900 East to provide service to a new subdivision. At that time n designation, Flinders continued, pointing out that, in fact, the recorded legal description of his property extended into time encroaching further onto his property. Discussion ensued with the conversation centering around e common practice in the the city to build public roads across private property without the City taking ownership of the land the road is built upon. one-tim- said council member Jack later the with the 1 Henry Dickamore y. $44.25 Sail Prwe Need a little change without breaking your budget The mayor and city council also agreed that an existing policy to contact property owners before work is done by the Public Works Department affecting private property would be Dickamore explained that having valves installed at various points in the water system meant that smaller areas could be isolated when work needed to be done, minimizing the impact to residents. The motion passed unanimously, with Flinders abstaining from the vote. Flinders and his wife made a plea to the city to have the valve and valve cover abandoned, meaning that future access to the valve, and further intrusion onto their private property, would be prevented. This same situation exists in several places throughout the LI lim- Dickamore indicated that his own property line extended into the street going past his home, but that he had requested and received approval from the county to have the description of his property adjusted for tax purposes so that his property tax assessment is based on the size of his lot excluding the portion under the roadway. Flinders also expressed his concern that over the years the roadway has gotten wider, each Frost, and sooner or city will have to deal problem. Frost also indicated cern about the financial right-of-wa- ay the middle of the road. city, the valve into the public The council acknowledged that as a practical "matter the existing valve would probably be left in place and the valve cover removed, rather than digging up the "private property a second time, but that the legislative intent was to have another valve installed. commented that quite a few years ago the state Legislature had acknowledged and addressed the problem by defining an implied right-of-win areas that were in uncontested use for a period longer that 10 years. from the city. right-of-w- Stepping up to the podium, Flinders described the last of a series of events that prompted him to bring his concerns to the city council yet again. made a motion to move 30-fo- ot the resulting damage was done to fmARFT? 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