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FLT92 G�'�GE 419 <br />MAY oV94 <br />Commissioner Eggert preferred to see that parcel cared for and <br />was sure a church would do so. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Adams, the Board unanimously approved <br />sale of Parcel Number 27323900000100000049.0, <br />located on the northwest corner of 43rd Street and <br />33rd Avenue, 601 x 881, approximately .12 acre at a <br />price of $4,000. <br />COUNTY DEED <br />IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD <br />FOURTH (4TH) STREET MURPHY ACT PROBLEMS <br />County Administrator Chandler recounted the discussion <br />regarding the 4th Street Murphy Act problems at the March 8 BCC <br />meeting. At that time the Board directed staff to confer with <br />Attorney Sherman Smith, Jr., and his clients and attempt to resolve <br />the issues. Since that time Public Works staff surveyed and staked <br />the potential rights-of-way or easements and the potential edge of <br />pavement on 4th Street. The survey stakes show that there are nine <br />structures within the right-of-way. <br />Public Works Director Jim Davis explained that there are 19 <br />homes constructed in Pine Tree Park Subdivision. Some of them have <br />20 foot setbacks while others have 40 foot setbacks. Director <br />Davis suggested that easements could be negotiated with individual <br />owners to provide some added area along that corridor for future <br />road needs. <br />Attorney Sherman, Smith, Jr., representing the property owners <br />through the title insurance company, contended that the property <br />owners did everything that reasonable people are expected to do <br />when they buy a piece of property. An error was made by the <br />Trustees of the Internal Improvement Fund in the 1950s, and there <br />is a principle of law that if somebody creates a mistake and <br />another person acts on it. to their detriment, the party that <br />created the mistake must suffer the consequences. Mr. Smith stated <br />that if the County would release the claim for the road right-of- <br />way, he could advise his clients to drop the pending lawsuit. He <br />explained that he has arranged a meeting with his clients in the <br />County Administration Building immediately after this meeting, at <br />which time he plans to explain to them the mechanics of how to <br />conclude this difficult problem. <br />14 <br />