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County Attorney Paul Bangel advised that it had come to his attention that there may <br />be an adverse interest in the access strip in connection with the Simonye property acquisition <br />which the Board approved last week. He thought the Board might want to consider this <br />before closing on the property. That strip will be conveyed by quitclaim and the County <br />would receive only whatever interest the grantor had. He called on Mr. Collins to explain <br />their options. <br />Deputy County Attorney William G. Collins, II, reviewed Mr. Mensing's FAX above. <br />He explained that from a practical point, access is not a critical issue as far as the quit claim <br />is concerned since we do have access. He pointed out the location on an aerial photo <br />displayed on the overhead. Environmental & Code Enforcement Chief Roland DeBlois had <br />walked the property and it was not overgrown with Brazilian peppers as claimed by Mr. <br />Mensing. If defects in the title are found, the County can either accept title as is, with no <br />price reduction, extend the time to cure defects, or terminate the agreement. He believed Mr. <br />Simonye would not have time to cure the defects before going north and he recommended <br />going to closing on the property. He stated it would be up to the Mensings to assert their <br />interest in court and he knew of no reason why it would be of use to them since they could <br />not build a house on a 60' strip. <br />Mr. Collins responded to questions on the ownership of the property as claimed by <br />Mr. Mensing. It is an issue, but he believed it was not one that should cancel the purchase <br />of the five acres for conservation purposes and he once again recommended closing. <br />ON MOTION by Commissioner Macht, SECONDED BY <br />Commissioner Ginn, the Board unanimously agreed to the <br />recommendation to move forward with the closing on the <br />Simonye property. <br />March 19, 2002 <br />