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north, but there was never any further discussion of that relocation. There was also <br />discussion regarding tearing down the 2 homes which are rental property belonging to Mr. <br />and Mrs. Caird,.. There is sufficient 60 -foot access that goes all the way back to the north line <br />of the 67 -foot parcel. That same ditch also runs down the east side of Mr. Kirrie's property. <br />Mr. Kirrie does not want an adversarial problem, he just believes that he is not being treated <br />fairly and that the County has sufficient access to the ditch for maintenance. He is asking <br />for release of the entire 40 feet. <br />Deputy County Attorney Will Collins stated that staff has been working with Mr. <br />Kirrie for a couple of years to resolve this situation. He asked for adoption of the resolution <br />with a revision to make reference to the book and page of the recording of the easement. The <br />encroaching houses were built on property purchased by Mr and Mrs. Cain from the County <br />in 1944 at a tax deed sale. He believed that the intent of Mr. and Mrs. Cain is to eliminate <br />both of these houses and build a new one. However, the current issue is access to maintain <br />the relocated drainage ditch. <br />Public Works Director Jim Davis commented that property access is 128`h Court. <br />Staff is concerned about erosion along the south side of the ditch and not having to reach 30 <br />to 40 feet over the ditch. <br />ON MOTION by Commissioner Macht, <br />SECONDED by Commissioner Stanbridge, the <br />Board, by a 4-0 vote (Commissioner Ginn absent), <br />unanimously granted the 25 -foot easement release; <br />directed staff to further investigate the additional 15 <br />feet; and approved Resolution 2000-144 releasing a <br />portion of an easement on Lot 27, A. A. Berry <br />Subdivision. <br />NOVEMBER 14, 2000 <br />-104- <br />BK 116PG116 <br />