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Council approves right-of-way agreement

December 20, 2010

Mark Jacob, city solicitor, left, is shown referencing a map regarding a right-of-way agreement between the city and Kaul Land Company that was discussed by members of city council at their final meeting of the year on Monday evening. Also pictured are Sally Geyer, mayor, center, and Dave Greene, city manager, right. Photo by Becky Polaski

Members of city council approved entering into a right-of-way agreement on Monday evening with Kaul Land Company. Through the agreement, the city will allow Kaul Land Company to cross city-owned land to access property near the St. Marys Airport while, in turn, Kaul Land Company will give, by deed of dedication, a section of property comprising part of Environmental Drive to the city.
According to Mark Jacob, city solicitor, the city and Kaul Land Company have been holding ongoing discussions about the matter for over three years.
"Originally, obviously, they wanted more and we wanted more. This is sort of a compromise of the two, I guess," Jacob said. "Even though the right-of-way is permanent, we are getting an actual deed of dedication."
Jacob also suggested to council members that they do not sign or enter into the right-of-way agreement until the deed of dedication is signed. Council members voiced their approval of the agreement contingent upon this condition and the correction of a minor typo that was found while reviewing the document.
Additionally, Jacob noted that the agreement also discussed logging trucks for Kaul Land Company using select city roads.
"Those roadways all have no weight restriction already, so there's really nothing that is being granted there that's any different from [the terms of use granted to] any other citizen at this point," Jacob said.
Jacob explained that he believed Kaul Land Company likely mentioned the use of roads in the agreement so that the city would not later establish weight restrictions limiting their use.
For more on this story, see the Dec. 21st edition of The Daily Press.

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