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Douglas Vitunac, Esquire, Collins Brown and Caldwell, representing Fred <br />Mensing, countered that the subject strip of land was not an unequivocal offer of public <br />dedication. He presented a slide depicting the plat, and discussed an agreement previously <br />reached between the County and Mr. Mensing (on a code enforcement lien), which resulted in a <br />settlement specifically releasing the County's claims on the subject strip of land. <br />Attorney Vitunac told the Board that it would be best for the County to stay out <br />of what amounts to a civil real property dispute between Mr. Mensing and his neighbor, Mr. <br />Kirrie. He declared that if the County needs the right-of-way for access, it should go through <br />the proper process of either negotiating with Mr. Mensing, or proceeding with the process of <br />condemnation. Attorney Vitunac wanted the Board to table this item, reconsider it, or let Mr. <br />Mensing and Mr. Kirrie seek legal intervention in their ongoing right-of-way dispute. <br />Responding to Commissioner Wheeler's question, Attorney Collins provided the <br />details of the settlement previously mentioned by Attorney Vitunac. <br />Attorney Collins discussed past cases where the County had accepted, through <br />Resolutions, dedications of old platted areas that have not yet been opened up or utilized, in <br />order to avoid future problems. He declared that there was ongoing dispute between Mr. Kirrie <br />and Mr. Mensing, each making claims to rights on the road, and he believed the County's <br />acceptance of the right-of-way was a way to clear up a claim to title, which he believed was <br />questionable. Attorney Collins believed that the land should be claimed, opened up, and made <br />useful, on behalf of the public. <br />Fred Mensing related background information on the subject parcel, and stated <br />that he had received a quit -claim deed from the grandson of one of three original owners of the <br />plat. He urged the Board to freeze this item until Mr. Collins and Mr. Vitunac could review all <br />the issues relating to the subject parcel, and thus avoid the expense of going to court. <br />W <br />June 3, 2008 <br />