5/23/1979 - Laserfiche WebLink

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COMMISSIONER LYONS FELT WE SHOULD VACATE IT, BUT DID NOT WANT TO ADVERSELY AFFECT SOMEONE UNKNOWINGLY. ATTORNEY COLLINS STATED THAT THE ONLY PERSON THE COMMISSION WOULD BE AFFECTING AT THIS TIME WOULD BE THE PETITIONER WHO HAS REQUESTED THAT THEY TAKE THIS ACTION SINCE ALL THAT COULD BE VACATED IS THE ONE ACRE PIECE PLUS THE,15' STRIP ON THE NORTH LOT LINE, WHICH WAS ADVERTISED AND IS INCLUDED. COMMISSIONER LYONS ASKED WHY WE SHOULD VACATE THE 15'. HE NOTED THAT PIECE OF PROPERTY, AS FAR.AS WE ARE CONCERNED, IS THE COUNTY'S AND POSSIBLY WE WOULD NEED IT FOR WATER LINES. ATTORNEY COLLINS STATED THAT POINT IS UP FOR QUESTION, BUT THE ISSUE IS THERE. HE NOTED IF THE COUNTY WANTS TO TRY TO RETAIN IT, IT MIGHT LEAD TO LITIGATION. ATTORNEY HENDERSON COMMENTED THAT THE 15' STRIP SPLITS SOME OF THE PROPERTY OWNED BY DEERFIELD GROVES, AND THE BUYER IS PLANNING TO TRADE OFF THE 15' FOR SOME OF THE SAND AREA FOR RIPARIAN RIGHTS. THIS WOULD INTERFERE WITH THAT -TRANSACTION. COMMISSIONER LOY ASKED IF ATTORNEY HENDERSON HAS ANY REASON TO BELIEVE THAT THE AREA SET ASIDE ON THE NORTH FOR THE ROAD DOES GO ALL THE WAY TO THE'OCEAN, AND ATTORNEY HENDERSON FELT IT CONNECTS WITH THE RIGHT-OF-WAY AND YOU REALLY HAVE A IO' RIGHT-OF-WAY MEETING A 100' RIGHT-OF-WAY. COMMISSIONER Loy STATED THAT SHE WOULDN'T WANT TO GIVE UP'ANY ACCESS WE HAVE TO THE OCEAN. DISCUSSION FOLLOWED ON WHETHER THE RIGHT-OF-WAY WAS•100' OR 80', AND HOW THE DEDICATION LANGUAGE ACTUALLY READ AND WHAT IT INTENDED. COMMISSIONER LYONS FELT THAT ATTORNEY HENDERSON SHOULD COME BACK WHEN THIS IS BETTER DECIPHERED SO THE BOARD CAN SEE WHAT THEY ARE GIVING UP. FURTHER DISCUSSION ENSUED IN REGARD TO GETTING MORE UP-TO- DATE AND ACCURATE INFORMATION. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, CHAIRMAN WODTKE VOTED IN OPPOSITION, THE BOARD TABLED CONSIDERATION OF VACATION OF A PORTION OF THE PLAT OF ENOS UNTIL SUCH TIME AS THE BOARD L13 MAY 2 31979 Boa Pact .