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Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />Ofce of <br />INDIAN <br />MEMORANDUM <br />TO: Board of County Commissioners KP - <br />FROM: William K. DeBraal, Deputy County Attorney <br />DATE: June 27, 2016 <br />Sm <br />Consent 07/05/2016 <br />RIVER COUNTY <br />ATTORNEY <br />SUBJECT: Release of Interest, if any, for 59th Avenue in Albrecht Acres Subdivision <br />Albrecht Acres Subdivision is located west of 58th Avenue and north of 331d Street. The plat of the <br />subdivision was recorded in 1946 and consisted of 12 lots with a proposed road running parallel to <br />58th Avenue. The proposed road, 59th Avenue, was never constructed. The language of dedication <br />on the plat is as follows - <br />hereby dedicate said plat and streets thereon as described therein and as <br />easement on, in and under the rear feet of all lots for the location of sewers, <br />poles, water pipes, drains, telephone and electric cables or ducts." <br />The face of the plat fails to identify the entity the streets and utility easements are dedicated to and <br />also lacks acceptance of the dedications by the Board of County Commissioners. A copy of the plat <br />is attached to this memo. <br />Harmony Reserve, LLC, has purchased some of the lots of Albrecht Acres and they will become part <br />of the Harmony Reserve Subdivision. The Albrecht Acres lots will be replatted as part of the <br />development process of the various phases of Harmony Reserve. Normally, the replatting process <br />will be sufficient to eliminate undedicated and unaccepted streets. In this case, the County has been <br />asked by the developers of Harmony Reserve to convey whatever interest the County may have in <br />59th Avenue to Harmony Reserve. The conveyance is to be done by County Deed rather than the <br />normal abandonment process as 59th Avenue was never built, never specifically dedicated and not <br />accepted by anyone. Thus, staff is satisfied that the right-of-way abandonment process is not <br />needed in this case. As there are utilities running in 59th Avenue, the Developer will convey a utility <br />iiflGtB'1 SYR'£! 1.R A l{%tvd <br />I rtztn. I <br />ArPROVED FOR <br />B.C.0 (VF-FTiN1- - COI'dSENT AGENDA fi B�agei ,�f< <br />� Dc�t. eD � �`• <br />I;OUNTY ATTORNEY tw --- — <br />Dai <br />29 <br />