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Orange County Board of Commissioners <br /> Page Two <br /> March 20, 1987 <br /> lots which describe the lots to include the area <br /> between 615 and 620 feet of elevation which plats will <br /> likely lead to deeds including this property. These <br /> deeds can ripen into title after seven years and could <br /> have the effect of making the County's right of first <br /> refusal virtually worthless. Unless someone does <br /> something about these encroachments into the 615-620 <br /> area in the very near future the County's options in <br /> this area will be limited. It seems to me, therefore, <br /> 5 that a decision by the County to keep Lake Orange at <br /> the 615 level of elevation if made now will be one that <br /> will be made 'until the County is prepared to condemn <br /> land surrounding the Lake to a higher level of <br /> elevation. <br /> I would note further that the County's flood <br /> easement and its easement of ingress, egress and <br /> x regress over, upon and through elevations 615 to 620 <br /> feet for the purpose of inspecting the flood easement <br /> and the waters of the lake for possible problems of <br /> erosion and so forth and for making repairs and <br /> improvements to the lake will not likely be lost or <br /> affected by the encroaching deeds. This is so provided <br /> the County continues to use its easement for its <br /> purposes. In that regard the County should, on a <br /> regular basis, inspect the lake, its shorelines and the <br /> entire area of its easement with protection of the <br /> water supply and the lake in mind. <br /> I would also like to point out -again that the <br /> County' s decision to raise the lake level to 615 from <br /> , its present 614 level does not create a duty on Orange <br /> 6 County to make any improvements to property owned by <br /> Lake Orange, Inc. or private property owners <br /> 8 surrounding the lake. In that regard the deed to <br /> Orange County from Lake Orange, Inc. is in the chain of <br /> title of all persons with property surrounding the <br /> lake. That deed contains the following provision: <br /> IT IS EXPRESSLY UNDERSTOOD AND AGREED, <br /> however, that [Orange County] and its <br /> successors and assigns, shall have no duty <br /> whatsoever at any time to maintain any <br /> minimum level of water on the above described <br /> land and [Orange County] shall have the <br /> absolute right to withdraw all waters which <br /> may from time to time be impounded on said <br /> land or to withdraw any portion thereof in <br /> such amounts and at such times as [Orange {� <br /> { <br />