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4 <br /> extension of water and/or sewer to the properties located along Ginger road <br /> east of Sunrise Road. The County Attorney indicated that to comply with this <br /> request the public hearing would need to be continued to receive permission <br /> from the property owners. Eddie Kirk's recommendation is to continue the <br /> public hearing. <br /> Petitioner Richard S. Surwit explained that the reason they want <br /> to close this right-of-way is because they want to buy the property from Mr. <br /> Levine to extend their lots. Allowing this easement through this property <br /> would make it of limited use. He questioned where the OWASA line would go. <br /> The road deadends into a house that is already served by OWASA. They would <br /> not be in favor of granting the easement. <br /> Mr. Don Levine, owner of the property, spoke in opposition of this <br /> request by OWASA. <br /> After an extended discussion, it was decided that OWASA could <br /> negotiate with the property owners after the road is closed. <br /> Motion was made by Commissioner Willhoit, seconded by Commissioner <br /> Gordon to close the public hearing and to adopt the order as stated below: <br /> ORDER CLOSING THE RIGHT-OF-WAY <br /> FOR GINGER ROAD THAT BORDERS <br /> LOTS 16, 17, 18, 19 AND 20 <br /> IN CHANDLER'S GREEN SUBDIVISION <br /> WHEREAS, upon the petition of Richard S. Surwit, Sandra E. Cummings, <br /> Donald Levine, Barbara Levine, Michael J. Murphy, Katherine L. Murphy, Charles <br /> Tsui, and Carl R. Fox, which petition is attached hereto as Exhibit A and <br /> incorporated herein by reference, the Board of County Commissioners, on June <br /> 7, 1993, adopted a resolution declaring its intent to close the right-of-way <br /> identified on the map which is part of Exhibit A (hereinafter "the abandoned <br /> right-of-way") ; and <br /> WHEREAS, it appears from the petition that the road in the abandoned <br /> right-of-way has never been constructed; and <br /> WHEREAS, as provided by law, the Board of Commissioners of Orange <br /> County have conducted a public hearing following notice as required by law, <br /> in order to determine that the closing of the abandoned right-of-way is not <br /> contrary to the public interest and in order to determine that no individual <br /> owning property in the vicinity of the abandoned right-of-way or in the <br /> subdivision in which the abandoned right-of-way is located would thereby be <br /> deprived of reasonable means of ingress and egress to his or her property; and <br /> WHEREAS, the Board finds as a fact from the evidence presented at the <br /> public hearing that (1) it is not contrary to the public interest for the <br /> abandoned right-of-way to be closed, and (2) no individual owning property in <br /> the vicinity of the abandoned right-of-way or in the subdivision in which the <br /> abandoned right-of-way is located would thereby be deprived of reasonable <br /> means of ingress and egress to his or her property. <br /> IT IS THEREFORE ORDERED that the right-of-way for Ginger Road that <br /> borders lots 16, 17, 18, 19 and 20 in Chandler's Green Subdivision identified <br /> on the map which is part of Exhibit A to this order is hereby closed. The <br /> Chair of the Board of Commissioners of Orange County is hereby authorized to <br /> sign this order on behalf of Orange County and the Clerk to the Board of <br /> Commissioners is authorized to attest this order and to affix to it the County <br />