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RECOMMENDATION: <br />BIN 56 PnE 457 <br />Staff recommends that the County abandon its rights to that <br />portion of 5th Street lying west of 38th Avenue within Clemann <br />Estates Subdivision with the following condition: <br />1) That Mr. Meeks pays Southern Bell's. cost for <br />stringing the overhead cable, and Southern Bell <br />relocates the lines prior to the execution and <br />recording of the attached resolution reserving two 10 <br />foot.wide utility easements. <br />The Chairman asked if anyone present wished to be <br />heard. There were none. <br />MOTION WAS MADE by Commissioner Wodtke, <br />SECONDED by Commissioner Bowman, to close <br />the public hearing. <br />Commissioner Bird asked if possibly we are being remiss <br />in not receiving some compensation back to the County for <br />giving up such a large piece of property. <br />Attorney Brandenburg explained that when a strip of <br />land is dedicated for a specific purpose, i.e., road right- <br />of-way, there is a controlling statute, which says that in <br />the event of an abandonment, the land automatically reverts <br />50% to each of the abutting property owners. This can pose <br />a problem on curved roads. That is not the case with prop- <br />erties that are specifically dedicated for other purposes, <br />such as park areas. <br />Commissioner Lyons asked if we legally can require, as <br />part of our Motion, that Mr. Meeks pay Southern Bell? <br />Attorney Brandenburg stated that the Motion should be <br />to approve the abandonment contingent on that item being re- <br />solved with Southern Bell. <br />THE CHAIRMAN CALLED FOR THE QUESTION on <br />the Motion to close the public•hearing. <br />It was voted on and carried unanimously. <br />12 <br />