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1L CT ib <br />BOOK 78 FA r 1Th <br />now - the deficiency is 50". The issue was whether we would pay <br />for the first 30' and that is to be decided in court; it is <br />understood we would pay for the 20'. <br />The Jacksons indicated they did not wish to sell the 20'. <br />Asst. County Attorney Collins expressed some confusion. <br />Looking at the sketch staff prepared, it says the 20' is "to be <br />purchased at a future date." Do we want it now or don't we? We <br />can always buy it at a future date. <br />Director Davis stated that the main thing is that it not be <br />encumbered by setbacks or structures, and Commissioner Bird felt <br />we are just putting Mr. Jackson on notice today that he should <br />`not do anything in that 20' because we are going to buy it. <br />Attorney Collins commented that normally people want us to <br />buy it now because they get a traffic impact fee credit. <br />Discussion ensued regarding it being pointless to enter into <br />Reservation Agreements because they can't be enforced, and <br />Director Davis reiterated that we are happy with the 60' as long <br />as the other 20' are not encumbered by structures or setbacks. <br />Attorney Collins stated that he personally would like to <br />refer to it as "enlightened self-interest" that they don't build <br />so close to the road and believed we are just warning him what <br />could happen in the future when we expand the road. <br />Administrator Chandler stressed what we must base every- <br />thing on is what the local ordinance says. That is the <br />controlling factor. <br />Debate continued among Attorneys Vitunac, Collins and <br />Jackson, as to whether we need 50' or 30', and Chairman Wheeler <br />recessed the meeting briefly to give the attorneys an opportunity <br />to resolve the problem. <br />When the meeting resumed, County Attorney Vitunac advised <br />that during the recess, staff had a discussion and decided that <br />since the additional 20' was not on the County's 20 year (CIP) <br />Capital Improvement Plan, the County would not be in a position <br />to require it t� be bought or is not willing to buy it and will <br />27 <br />