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Board of County Commissioners <br /> March 19, 2013 <br /> Page Four <br /> Second, if the Board should revoke Resolution 2008-043 as it relates to the portion of the Subject Strip <br /> adjacent to Mensing's Lot 15, the action would impact only the resolution. The action would have no <br /> effect on other events which had occurred since 1888, on the private easement in favor of other lot <br /> owners, and on the 20 foot public and private road easement in Mensing's 1990 deed. In short, the <br /> County would not be giving up all rights to the Subject Strip; the County would be giving up only those <br /> rights which are based on the resolution. <br /> Finally, the Board should be aware that Mensing's neighbor to the west who owns Lot 16 has threatened <br /> to sue the County if it revokes Resolution 2008-043. However, while the neighbor can certainly sue if he <br /> chooses,the County Attorney is confident that the suit would be without merit. The Subject Strip adjacent <br /> to Lot 16 would remain unchanged, Lot 16 has direct ingress and egress via 129th Street and, as part of the <br /> settlement of the 2002 lawsuit with Mensing, the County also settled with the neighbor (who was a party <br /> to the lawsuit as well) in a manner which recognized that ingress and egress for Lot 16 (and other lots <br /> owned by the neighbor) would be via 129th Street. Finally, the neighbor would probably still have private <br /> easement rights under the 1888 plat and the 1990 deed. Thus, the neighbor would not be adversely <br /> affected by a partial revocation of Resolution 2008-043. <br /> RECOMMENDATION. <br /> The County Attorney recommends that the Board revoke Resolution 2008-043 as it relates to that portion <br /> of the Subject Strip adjacent to Lot 15, and authorize the County Attorney to deliver a letter stating the <br /> homestead and reverse mortgage priority matters set forth above, on the condition that (a) the revocation <br /> and letter would take effect only in conjunction with an actual reverse mortgage closing, and (b) Mensing <br /> would deliver a general release and stipulation of dismissal with prejudice, thereby bringing the litigation <br /> and any other claims to an end. <br /> ASP:LAC <br /> F.WttomeyVUnda1GENEP4D8 CCUgenda Alen—W nsing 06(Pending Cases).doc <br /> 258 <br />