Resolution 2004-26

(Delina Lane Private Road easement vacation)

WHEREAS, the George Barnes Short Plat #1, recorded August 6, 1981, created a 60’ road easement for Delina Lane within the boundaries of the short plat, and

WHEREAS, the Robin’s Wood Short Plat, recorded January 29, 1992, amended lots 2, 3 and 4 of the George Barnes Short Plat #1, but did not alter Delina Lane, and

WHEREAS, in 1999, Rolf and Astrid Diek purchased Lot 1, Barnes Short Plat #1, and Lots 3 and 4, Robin’s Wood Short Plat from George and Alice Barnes, and

WHEREAS, in March, 2003, the Dieks applied for a Conditional Use Permit for a recreational vehicle park on those three lots. A portion of one of the sites and a parking area encroach into the 60’ Delina Lane road easement, and

WHEREAS, on April 21, 2004, Mr. and Mrs. Barnes, as owners of Lots 1 and 2 Robin’s Wood Short Plat, and Mr. and Mrs. Diek, owners of Lots 3 and 4 Robin’s Wood Short Plat and Lot 1 George Barnes Short Plat #1, requested a vacation of 12 feet from each side of the Delina Lane private road easement, and

WHEREAS, the Board acknowledged receipt of the request, gave proper notice and reviewed the George Barnes Short Plat #1, Robin’s Wood Short Plat, and the April 21, 2004, letters from George and Alice Barnes, and Rolf and Astrid Diek at a public meeting, and set this matter on for a public hearing, and

WHEREAS, the Board held a public hearing on May 25, 2004 at 11:00 o’clock a.m., and after hearing testimony from the Planning Department staff, George Barnes, and Rolf Diek, approved the vacation of 12 feet from each side of the Delina Lane private road easement:

NOW, THEREFORE BE IT RESOLVED AND ORDERED BY THE BOARD OF COUNTY COMMISSIONERS AS FOLLOWS: 12 feet from each side of the Delina Lane private road easement, not to include any portion of the 50 foot radius turnaround, as shown on the George Barnes Short Plat #1 and Robin’s Wood Short Plat, is vacated.

SIGNED this 7^th day of June, 2004