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AI- 3399   9. B. 3.    
BOC Regular
Meeting Date: 12/03/2020  
Gezon License Agreement
FROM: Jim Dyer, Corporation Counsel, Corporation Counsel
Department: Corporation Counsel  

Information
RESOLUTION:
Be it resolved, that the Calhoun County Board of Commissioners does approve the License to Use Right of Way Encroachment at 601 Westbrook Drive as presented.
RECOMMENDATION:
Approval of the Resolution is recommended by the Road Department and the Corporation Counsel.
BACKGROUND:
There are multiple occurrences of minor encroachments into the road right of way used and owed by Calhoun County that do not impact the traveled portion of the road way or present a safety hazard for the traveling public. The property at 601 Westbrook Drive, located in Emmett Township is a good example of such an occurrence. A porch attached to the front of the house encroaches approximately 15 feet into the 62' Right of Way owned by the County, but due the narrow, gravel road in front of the house the encroachment does not interfere with the traveled portion of the roadway. The encroachment has likely existed for well over 50 years, since the structures on the premises we constructed in the mid 1940's and early 1950.
  
These situations usually come to our attention when the owners change and the new owners want use the property in an new way. In this case the new owner wishes to divide the premises into two lots of record, since there are two existing structures on the property, and obtain certain property variances, so the existing structures can be sold and/or financed separately. Emmett Township is will to consider these requests, but their ordinances require that the property comply with all other governmental regulation. In the case of the encroachment, it must be removed (which would be financially burdensome to the owner) unless this license is granted.

The license requires that the owner to (1)  not expand the encroachment, (2) indemnify the County for any injury to a third party caused by the encroachment, (2) abandon the encroachment if it is destroyed or damaged more than 50%.
ALTERNATIVES:
As suggested by the Commission.
SUMMARY:
The Road Department and Corporation Counsel, who drafted the license agreement, recommends approval of a license agreement to permit a limited encroachent in the RIght of Way at 610 Westbrook Avenue. 

Fiscal Impact
BUDGETARY IMPACT:
None anticipated
Attachments
Proposed License Agreement
Photograph of Encroachment
Overview of Area
Close in view of lot

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