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M M M The County does grade 34th Avenue, however, a legal right- of-way does not exist and there are numerous residences on the road. A neighborhood committee for both roads has solicited consent from all property owners that they can contact. In both cases, the majority of property owners.consent to donation of right- of-way and paying for some improvement. There are one or two residents on each street that are not willing to participate. This situation makes it difficult for the neighborhood to achieve results. RECOMMENDATION AND FUNDING The Public Works Division recommends the following program 1) Establishment of proper right-of-way be undertaken by the County Attorney's office and Public Works Division. This will be done by title search, preparing deeds for each parcel, and by possible condemnation of any parcels where a few property owners do not consent. 2) The paving be designed and implemented under the existing Petition Paving Program but the assessment established over a 3 year period instead of a two year period. For a typical 100 ft. lot, the total assessment would be approx- imately $400 and each yearly payment would be approximately $133 plus interest. The County would accept these roads for maintenance. In most cases, some drainage improvements can be made, but due to buildings, etc. adequate drainage may not be accomplished. As such projects come in by petition, they will be placed on the County's petition list and processes accordingly. it is also recommended that the County begin to acquire 35' of right-of-way along 10th Court S.W. south of Oslo Road and that the County accept these roads for maintenance. Public Works Director Jim Davis explained staff's recommended process to allow the paving of 10th Court S.W. from Oslo Road south to 11th Court S.W. Attorney Brandenburg advised that the County actually may have the right-of-way to these roads through virtue of them having been used by the general public over a number of years, which will save the County the trouble and expense of the condemnation process. Public Works Director Jim Davis felt that in those situations, it is not going to be easy to acquire the right-of-way to these roads, either through condemnation or donation. After the right of way is established, the property owners are in agreement to paying for the paving. 64 BOOK 57 FAr,E672 J U L 111984