Issue link: https://newsleader.uberflip.com/i/124273
Sarasota News Leader April 26, 2013 THE RIGHT OF WAY During his April 23 report to the board, DeMarsh brought up the terms of the settlement. Although it had been tentatively hammered out during mediation on Feb. 8, county staff subsequently determined that the right of way for which Brown originally had requested the vacation was almost twice the size staff had estimated. Moreover, according to Brown's attorney, Morgan Bentley, because it is bordered on all four sides by county property, by law, the county could not give it to Brown. Page 49 Additionally, Patterson told DeMarsh, "It'd be nice to feel pretty ironclad that we're not going to have a third round with exactly the same issues. I may be wrong, but it did seem the issues raised [in the latest lawsuit] were repetitive of the first time." DeMarsh pointed out that the County Commission voted last year to abolish the Siesta Village Parking Public Improvement District, for which Village property owners had been assessed annual fees. Those payments were designed to cover the Village's portion of the county's expense in building the municipal The roofline of The Hub extends to the county parking lot between Avenida Madera and property line — legally, Bentley pointed out to Avenida de Mayo. the News Leader in February — but the coun"I just don't want to keep going back and litty would need to deed over more right of way igating the same things," Patterson told him. than it had anticipated to resolve the issue. "I believe we've structured this as well as we During the April 23 board discussion, Patter- can for the county's interests," DeMarsh reson raised the point that the area to be vacat- plied, "but I cannot control the actions and ed includes a sidewalk, "and I think it is an decisions of another party." area where people walk a bunch, especially considering you can barely get parking [spac- Nonetheless, DeMarsh pointed out, "In signing the release, the plaintiff is telling you they es]." don't want to be involved in litigation anyDeMarsh also pointed out that while he and more. That's certainly the message we're gethis staff did not believe the county's interest ting." "would be negatively affected" by the vacaWith uncertainty about the walkway configtion of the right of way, the county would have uration from the aerial photograph DeMarsh to work with Brown to make sure the utility provided, the board members continued the easements in that area would be protected. discussion until April 24. Commissioner Christine Robinson raised concerns about whether someone in a wheelchair, MORE PICTURES for example, would be able to continue along DeMarsh and James K. Harriott Jr., the counanother walkway or sidewalk if the county va- ty's chief engineer, provided additional photos cated the right of way. If she could be assured to the board on April 24 regarding the configuno access problem would arise, she noted, ration of both the sidewalk in the right of way to be vacated and a parallel sidewalk. "I'm for the settlement."