2005-05-12 TWORLD - Laserfiche WebLink

Home

SALAVEA:And if it was a private road but somehow according to what the documents just presented the County maintains it, and we ask for improvements along with approving this application -? TORIGOE:Right, well, you know -. SALAVEA:It gets too complicated for me, sorry. TORIGOE:Actually, no, if in fact the County has gone in and repaved it and basically taking control of it, then, you know, were kind of on the hook at this point, where -. You know, thats what the plaintiffs attorney would say, is that, well, the County has gone in there, did this work, the work was negligently done and the County is taking control, so were going to sue the County. So in some sense now, for practical purposes, if that is in fact true that the County went in and did the work, its probably a pretty safe assumption that to allow further use is going to subject the County to some kind of liability. WATANABE:Madam Chair? S. ERICKSON:I -. SPRINGER:Commissioner Watanabe and then Ms. Erickson. WATANABE:However, its my interpretation, and Im not an attorney obviously, but all ofthatisnotapplicablespecificallytothisspecialpermitapplication?Itwouldonlybe applicable to this special permit application if we required through this permit some type of improvement to something that eventually we discovered was private. But then Im wondering then whats the exposure? That, you know, you had this private road was 25 feet wide and now its 30 feet wide, so what happens now? I mean, I guess, from my point of view I dont see where were taking on much additional liability. I could be, you know, maybe Im nieve. IWASHITA:No, no, no -. SPRINGER:Mr. Iwashita, can Mr. Torigoe respond to the question and then well hear your -? IWASHITA:Well, I just wanted, well, what counsel just expressed relying on the representation that, you know, the County has in fact paved this road, I agree with what counsel has represented. And based upon that, I agree with the Director in proceeding on the assumption that it is a County road, even though its not so on paper. SPRINGER:Okay, thank you. Thank you, Mr. Iwashita. Ms. Erickson? S. ERICKSON:Thank you. I just was looking in my file and I have a map dated 1950 that I got from State Highways Division when I was researching this matter and it refreshed my memory. And in this map, Leopolino Road is called as 21-D and 21-E. I can pass this around also for you guys to look at if youre interested. But, essentially, what this means is it was a 21EXHIBIT C