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13. C. MENSING PROPOSAL TO AVOID LITIGATION THROUGH PARTIAL <br />RIGHT-OF-WAY ABANDONMENT <br />Attorney Collins recapped the backup memorandum of January 26, 2009 to <br />provide background history and details of Mr. Fred Mensing's proposal for the County to initiate <br />a partial right-of-way abandonment involving a 60 -foot strip of land north of Mr. Mensing's <br />property, which land has been a source of repeated conflicts and potential litigation between Mr. <br />Mensing and his neighbor, Mr. C.J. Kirrie. Attorney Collins conveyed that Mr. Mensing's <br />proposal would include the County's retention of a 60 -foot strip of land north of Mr. Kirrie's <br />property in the Fleming Grant subdivision.. He thereafter asked if the Board would like to <br />pursue Mr. Mensing's proposal. <br />C.N. Kirrie, 12855 79th Avenue, stated that the County's abandonment of the strip <br />of land would be detrimental to him, the neighbors, Emergency Services, and local businesses <br />because it would affect roadway access, particularly that for emergency vehicles. He preferred <br />that the Board not move ahead with the partial right-of-way abandonment. <br />Chairman Davis asked if Community Development had looked at this request from <br />a planning standpoint, regarding some of the emergency access concerns. <br />Commissioners, staff, and Mr. Kirrie continued to discuss how the proposed <br />abandonment would affect road access and road continuity for area residents and businesses. <br />Chairman Davis felt that the Board's decision should be based on the best interests <br />of everyone in the subject area, and not on the basis of avoiding litigation. <br />42 <br />February 3, 2009 <br />