File #: 2024-15576   
Type: Public Hearing Status: Agenda Ready
File created: 6/13/2024 Meeting Body Board of County Commissioners
On agenda: 7/2/2024 Final action:
Title: PUBLIC HEARING to Consider Adoption of a Resolution to Close and Abandon Previously Deeded Right of Way Recorded in Deed Book 310 Pages 150-151, Located in Section 19 and 20, Township 16, Range 21
Attachments: 1. POP, 2. Approved LRM, 3. Approved Reso, 4. Application, 5. Petition, 6. Partial Term of Dev Agmt - OR BK 8153 PG 280-292, 7. ROW Deed - Deed Book 310 Pg 150-151, 8. Letter to County and Larry C re 3 hiatuses w attachment Red, 9. County Acknowledgment of Partial Termination OR BK 8287 Pg 41-42, 10. Survey, 11. Location Map

 

SUBJECT:

Title

PUBLIC HEARING to Consider Adoption of a Resolution to Close and Abandon Previously Deeded Right of Way Recorded in Deed Book 310 Pages 150-151, Located in Section 19 and 20, Township 16, Range 21

Body

 

INITIATOR:

DEPARTMENT:

Steven Cohoon P.E., County Engineer

Office of the County Engineer

 

DESCRIPTION/BACKGROUND:

This is a request to consider approval of a Resolution by Petitioner 95th Street Holdings, LLC to close and abandon previously deeded right of way recorded in Deed Book 310 Pages 150-151, located in Sections 19 and 20, Township 16, Range 21 and to renounce and disclaim any right of the County and the general public.

 

Marion County obtained right of way with the intent of building a road from State Road 200 to east between what is now Countryside Farms Subdivision and Pioneer Ranch Subdivision. In 1976, portions of the right of way was deeded back to the successor in title to the grantor under a right of reverter in the deeds as the plans of constructing a road never came to fruition.

 

The Petitioner is proposing to abrogate the remaining portions of deeded right of way which has never been constructed in pursuant to the Partial Termination Developer’s Agreement (BFP) approved during the September 19, 2023 regularly scheduled Board meeting and recorded in Official Records Book 8153 Pages 280-292.

 

The Development Review Committee considered this request on March 25, 2024 and it was the committee’s recommendation that the petition be granted.

 

BUDGET/IMPACT:

None

 

RECOMMENDED ACTION:

Recommended action

Motion to adopt the Resolution closing and abandoning previously deeded right of way recorded in Deed Book 310 Pages 150-151 located in Sections 19 and 20, Township 16, Range 21 and authorize the Chair and Clerk to execute the same.

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