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Therefore, it is staff's position that the entire easement should NOT be -released. Because release of the southeastern 25 feet (only) of the 40 foot -wide easement would have no adverse impact on drainage or utilities affecting the subject property or other properties, staffs position is that only the southeastern 25 feet of the subject 40 foot wide easement be released. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, release a portion of the drainage and utility easement, as more particularly described in said resolution. Environmental Chief Roland DeBlois noted that Mr. Kirrie is asking for an additional 15 foot section to be released, which staff does not support as the ditch needs to be retained for maintenance. Staff does support releasing 25 feet, but not the full 40 foot width. Warren Dill, Attorney representing Mr. Kirrie, 1515 US #1, Sebastian, stated that the 40 foot easement was originally given to the County by Mr. Kirrie. Mr. Kirrie purchased this property in 1966 under an agreement for deed. The parcel he contracted to purchase was 660 feet by 166 feet. When Mr. Kerrie paid off the agreement and received a deed for the property, he was deeded 593 feet instead of 660 feet. The other 67 feet was given to the County by the prior owners during the time Mr. Kirrie was paying for the 660 feet. The deed to the County for the 67 feet was dated subsequent to Mr. Kirrie's deed but recorded prior to Mr. Kirrie's deed. In 1978 Mr. Kirrie was approached by the County regarding the longstanding drainage problem in the area and he gave the County another 40 -foot easement to assist with the drainage. At that time, Mr. Kirrie believed that he would get back his 67 feet once the drainage problem had been solved. The County now has 107 feet for ditch maintenance. In 1992 Mr. Kirrie started trying to get the 40 -foot easement released. The home on the property was evidently built without permits and is there illegally. The County adopted the Roseland Drainage Improvement Plan in early 1998, during the same period Mr. Kirrie was trying to get his property back. In 1999, before the current ditch was constructed, a meeting was held during which discussion was held regarding relocating the ditch to the NOVEMBER 14, 2000 -103- BK 116 PG 115