County, Residents in Dispute With Wright City Over Stuerman Road

By: Tim Schmidt
Posted 3/2/10

A dispute over the ownership of Stuerman Road and who should be responsible for maintaining it continues to simmer. The road is the only entrance to two subdivisions in Wright City. City attorney …

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County, Residents in Dispute With Wright City Over Stuerman Road

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A dispute over the ownership of Stuerman Road and who should be responsible for maintaining it continues to simmer. The road is the only entrance to two subdivisions in Wright City. City attorney Leslie Tolliver-Rogers told Wright City aldermen that the county technically still owns the road, since a quit-claim deed had yet to be filed transferring ownership to the city at a meeting last Thursday. Tolliver-Rogers warned the county could take legal action against the city to enforce a previous agreement for it to take over the road in 2006. "Today, it's still owned by Warren County," Tolliver-Rogers explained at last week's meeting. Stuerman Road is located in the southwest part of the city just off Highway H and feeds into the Falcon Crest and Timber Trails subdivisions that was initially developed by PR Development. There are approximately 250 lots in the two subdivisions. A stretch of the road has become nearly impassable on one side due to buckling pavement. The road is only about 12 feet wide for the first half-mile stretch and is not aligned with the remainder of a wider stretch closer to the subdivisions'' entrances. "It's my understanding from the previous administration that they made it clear to the developers and the builders and the county that the city wanted no part of Stuerman Road," Mayor Roy White said. Several subdivision residents and a county official challenged that assertion arguing that a prior agreement specified that the city is obligated to fix and maintain the road. Warren County Presiding Commissioner Arden Engelage referred aldermen to commission minutes from a March 20, 2006, public hearing where the commission agreed to deed the road to the city. According to the minutes, several city officials attended the hearing including Mayor Eileen Klocke and current Public Works Director Larry Janish. The commission voted unanimously to deed Stuerman Road over to the city subject to Wright City drawing up the quit claim deed. At the hearing, city and county officials agreed that Stuerman Road would remain open once a new access to the subdivision was built and relocated on top of a hill south of its present location, due to safety concerns raised by MoDOT. "You all came to us," Engelage remarked. "We published it, had a public hearing. No one was in opposition. The city wanted it. We didn't ask to get rid of it. You all didn't follow through with the deed work. . .The contractor didn't follow you and 'belly upped' and you all didn't follow through." White challenged that assertion. Referring to a city meeting held March 13, 2008, White said it's been his belief that past city officials were not interested in taking over Stuerman Road. White said the costs of widening and improving Stuerman Road needed to be passed onto the residents who buy homes in the two subdivisions and not be supported by other taxpayers in the city. "The county has a problem with the road," White said "not the city." When city officials were questioned why the quit-claim deed wasn't followed through, Karen Girondo, the city's treasurer/economic development director, answered that it had been prepared but voted down by the board at that time. The developed site was originally part of a larger tract of land owned by Tom Lafferty. He sold the 40 acres to PR Development several years ago, which planned to develop the two subdivisions. But PR Development halted its project in 2007, filed for bankruptcy and Lafferty reacquired the property. He then sold it to Larry Terbrock who has continued to develop the property according to Girondo. While the county and subdivision residents dispute the city's position on who owns Stuerman Road, they do agree on one thing. The city was duped by developer PR Development, who indicated it was going to maintain the road and failed to do so. "We had a promise from the developer of that property that he was going to put in a road there," Alderman Jim Schuchmann said. Residents who live in the subdivision voiced concern that the deteriorating road is leading to diminished property values. Others noted that the road is becoming a safety liability due to the larger trucks traveling on it from Highway H. They said they feared that as the condition of the road worsens, trash and mail service might not be able to reach the homes in the two subdivisions. Residents argued that the city needs to prevent any new home construction at the two subdivisions until the dispute can be resolved. Terbrock argued that the city should have collected funds from the original developer in escrow that could have been used after the company failed to be complete the work as promised. "It was just not handled correctly," he said. "That was what the problem is. There are city residents living back there and can't even get back there because of the road. Somebody has to take responsibility there." Schuchmann said city officials had previously discussed a Neighborhood Improvement District tax that would have been assessed on each of the lots in the two subdivisions. Since it was estimated a couple of years ago to cost $351,000 to improve Stuerman Road, the tax would have generated enough funds to fix the road. He said it would have cost about $50 per month over a 15-year period for each lot owner. If the tax wasn't paid, he said a lien could then be placed on the property by the city. It was noted during last week's meeting that the city has been clearing snow on the road. White said Public Works Director Larry Janish was doing that as a "courtesy" to the residents living back there. Concerns over the width of the road easement also was clarified at last week's meeting. Despite the approximate first half-mile being only 12 feet wide, Schuchmann stated that there was a 60-foot easement. City officials and residents met Tuesday night to continue discussing the issue further, but a schedule conflict kept the county commission from attending. The commissioners and city officials will meet Feb. 11 at 5 p.m.


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