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APPROVED 10/13/2014 OC Board of Adjustment – 8/27/2014 Page 29 of 64 Michael Harvey: Mr. Chairman the next individual signed up is David Laudicina, AS he is not here the 1 next individual is Timothy Ives. 2 3 Timothy Ives: Good evening my name is Timothy Ives and I have been duly sworn. I and my wife 4 Courtney Ebbinghouse live at 5502 Bradshaw Quarry Road. We are clearly off that map but if you know 5 anything about that area I am not a lawyer nor am I an engineer but I am a neighbor and take your 6 patience so I will probably misspeak, please try to clarify or ask for clarification if I do and I probably will 7 very quickly. I’ve actually got more questions for you than I do have answers and I’ve got some 8 materials and yes I’ll try to make it as objective a presentation as possible. One of the things that we’ve 9 been looking at is the 1952 agreement and the term right-of-way and easement. They’re really are no 10 dimensions to the 1952 agreement so we really don’t know where any of the areas are. Now the Orange 11 County, whether it’s the planning commission or department or whatever this might be may have this 12 down. We have received, and this is the hard material that we received from one the EMS agents, Jack 13 Cox is his name, it was stated for information only April 14, 2014. We checked the validity of these 14 documents. I don’t know if other have done that and I’m not worried about them but we did and we 15 measured it out with as much precision as possible. The staging areas they purposed went right up to 16 probably the end of this table from our youngest son’s room. These were very poorly done by my 17 estimation and I was wanting to ask you is this a definitive answer. Or what will this commission ask for 18 from the people who keep the actual plots, as to where things are, because we tried to measure even 19 where the pipeline was and I was almost using micron measurements on this. It back when I was in 20 physics but the kind of thing we really have not got a clear picture about what was provided to us. 21 22 Larry Wright: What document are you looking at? 23 24 Timothy Ives: This was the temporary work space and advance construction damage release document 25 from PSNC. This was the map that came with it and it doesn’t exactly fit very well. So my question is 26 when you make your final determination, what avenues of information are you going to use that come 27 from the County? The reason I mention them is the 1952 agreement talked about people’s properties 28 coming together and here’s where it was going to come there was no designation by latitude longitude 29 there was no pictures that we could see and likewise there was no dimension again of the right-of-way or 30 of the easement. So I am still wondering where’s the information that you’ll use to make that and is it not 31 from the company but will it come from Orange County itself? I’ve heard rumors and that’s all it is but 32 they are still surveying we were told by Curt Hawthorne who is no longer with them he is now back in 33 Michigan he told us but they were going to come back out and resurvey and I said who is it, the County 34 or is it PSNC or its agents? I’d like to know who’s drawing up the lines that you will make the 35 determination on. 36 37 Larry Wright: Mr. Harvey when people come to your office with something like this how do you address 38 that? Is it relevant to us? To the County, I’m asking you. 39 40 Michael Harvey: I’m going to answer the question in this manner, first of all the County does not have a 41 map delineating the boundary of the Cardinal easement and I would argue it’s not a legal requirement 42 that we produce said map. If there are plats that have been recorded showing it then those plats have 43 been produced based on the easement as it has been recorded. If someone comes to our office looking 44 to develop a parcel of property the county planning department does a GIS database search identifying 45 all easement that have been recorded to ascertain if there are areas of the property that have restrictive 46 development potential but Mr. Chairman if you’re asking me the question are we going to produce a map 47 of any and all pipeline easements running through the County the answer is no. What you have before 48 you, as part of the application, is a drawing prepared by PSNC outlining the location of this easement 49 request and where it’s going to be on the properties impacted by this application. 50 51 Timothy Ives: Mr. Chair, may I request that you verify by whatever means that document which is 52 coming from one of the parties in this discussion tonight to verify it. We, and again I use this in a crudest 53 way, we looked at ours and found a lot of different positions where our house was in comparison to what 54 they had planned as staging so I just want to make sure you have clear assessment of what you’re 55