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12/02/2008
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12/02/2008
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Last modified
1/31/2018 3:30:18 PM
Creation date
10/1/2015 6:19:39 PM
Metadata
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Minutes
Meeting Date
12/02/2008
Meeting Body
Board of County Commissioners
Archived Roll/Disk#
4023
Book and Page
136, 215-269
Supplemental fields
SmeadsoftID
7262
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Commissioner Wheeler said there is no intent to withdraw the Notice to Owner, that <br />had already been sent, and he wanted to bring this to a conclusion. Therefore, if that is the case, the <br />County has no option but to continue forward and go to court. <br />Attorney Collins responded to Mr. Bethel's comments saying that even after the <br />Notice to Owner is received, and the County is in negotiation with you, you have the right to sell <br />the property to a third party, if you do not like the County's price. It is not until the Deed is taken <br />through a Condemnation Order of Taking that you are precluded from selling the property. <br />There was a brief discussion regarding the filing of legal documents, appraisals, <br />retracting issues, and funding. <br />Director Brown acknowledged the County had already acquired most of the <br />right-of-way north of 8th Street, on 43rd Avenue. <br />Budget Director Jason Brown addressed funding issues, and did not see any <br />financial planning concerns. <br />Commissioner O'Bryan suggested the Board only focus on 43rd Avenue today and <br />make it a priority for the Metropolitan Planning Organization (MPO), then the Board could change <br />the Resolution at a later time. He preferred Alternative No. 1, but under the retraction, he wanted <br />it to say, "retraction of any notices sent to date for temporary construction easements ONLY at <br />year four and five." <br />Chairman Davis drew Commissioner O'Bryan's attention to Alternative 2, and said <br />if he is wanting to focus on 43rd Avenue, and not change the Resolution, that the verbiage should <br />read as: "Direct staff to defer sending additional Notices on the 43rd Avenue project south of 8th <br />Street pursuant to Section 6 of Resolution 2008-139 which provides that `deviation from this <br />37 <br />December 2, 2008 <br />
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