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X25 <br />Commissioner Flora Garrett moved that the Board forward a copy of the <br />minutes of this meeting to the Board of Transportation and to inform them that <br />the hoard of Commissioners feels that none of the Alternates of I-)+0 are <br />perfect. <br />Commissioner Richard E. Whitted aecpnded Commissioner Flora Garrett's <br />motion. <br />Discussion ensued. Commissioner Flora Garrett amended her motion to add <br />"it is strongly recommended that in reworking the draft environmental impact <br />statement that an opportunity for working on the Tnteratate projects as a <br />team be implemented between local, Stafe and Federal officials". Commissioner <br />Richard E. Whitted agreed to the amendment. <br />The Chairman called for a vote on the motion. Cammissionera Garrett, Whitted <br />and Whitfield voted eye. Commissioners Henry S. Walker and Norman Walker voted <br />nay. The Chairman declared the motion passed. <br />Chairman Norman Walker recognized Gera P, Sykes of Bingham Township. Mr. <br />Sykes stated that he and the other land owners of his area wished to discuss <br />with the Board the plane that the County. had relative to the use of the land <br />that the County was now attempting to purchase. The County Administrator <br />advised Mr. Sykes that it was not the policy oP the Board to discuss at a <br />public meeting land purchase agreements. Mr. Sykes was also informed that the <br />Board would be happy to meet with the citizens involved, but they did not, at <br />this time, have any detailed plans for the area. <br />Chairman Norman Walker referred the Board to Item #10 on the Agenda. He <br />then recognized A. B. Coleman, Sr., Attorney for University Builders. Mr. <br />Coleman requested the Beard to rescind its previous action of revoking the <br />building permit that had been issued to his client. He stated that the lot in <br />question was only five (~~) under the variance. It, further, appeared that a <br />number of the lots within the subdivision wsa undersized and that the homes that <br />had been built on these lots had not damaged the area. Mr. Coleman stated that <br />his client would not have purchased the property if he had been aware that it <br />did not meet the requirements of the County Zoning Ordinance, however, he was <br />not aware of the fact and that he had spent considerable time and monies on the <br />lot in question. Further hardship wee being imposed on his client as he now <br />found himself in the position of having to face two law suits relative to the <br />matter. Mr. Coleman stated that he would prefer to. have one of these law suits <br />settled by having the Board of Commissioners to reconsider its action of <br />revoking the building permit that had been issued for Lot #'22 of Heritage Hills. <br />John 1~oodaon, Attorney Por Hector Farxiea and Rufus Clark, objected to <br />the request of Mr, Coleman that the Board reverse its decision relative to the <br />revoking of the building permit. He stated that his clients were merely trying <br />to protect their property. That the fast that Lot #22 was only five (5~) per <br />cent undersized was not the question. The question was the fact that the lot <br />did not meet the requirements of the County Zoning Ordinance. He stated that his <br />clients had complied with the provisions that require that a reasonable prise <br />shall be offered for the purchase of property in question. He stated that his <br />clients had offered to purchase Lot #22 from University Builders, however, the <br />company had not responded to their offer. <br />Mr. Clark and Mr. Parries spoke in defense of their position as the adjoining <br />land owners to Lot #22. Discussion ensued. <br />Commissioner Richard E. Whitted stated that he felt the Board should pursue <br />whatever course of action that was taken by the Board on August 6, 1973. <br />Nb?, Coleman presented a certified copy of a Quitclaim Deed from Roberts <br />Construction Compareyy to University 3uilders. This deed had been recorded on <br />Fridaytt September 28, 1973, and it conveyed approximately four thousand five hundred <br />(11.,500/ additional square feet to University Builders for Lot.#22. The extra <br />footage comas from the right of xsy and the street that fronts Lot #r22 of <br />Heritage Hi11s, Mscussion ensued. <br />The Board requested the County Attorney to comment on the validity of the <br />quitclaim deed. Mr. Cheshire stated that Roberta Construction Company did riot <br />relinquish its fee simple title in the property even though the streets had <br />been dedicated pre the subdivision plat; and that in his opinion the quitclaim <br />deed did convey that vested interest. <br />Mr. Woodson stated that he wsa not aware of the existence of the quitclaim <br />deed, therefor®, he could not render an opinion on the validity of the deed until <br />proper 'research of the matter was completed. Discussion ensued. <br />The Board requested the County Attorney, the Attorneys for University <br />Builders, and the Attorney for Mr. Parries and Mr. Clark, to research the <br />technical questions involved with the situation and to submit their opinions <br />on the subject to the Soard on October 16, 1973. <br />