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49 Draft <br /> 1 Leon Meyers: Yeah. Give James a minute to think. <br /> 2 <br /> 3 Beth Bronson: Yeah. And my question is, does relate to 5.8.2(c) and (d) in the way that it's direct frontage <br /> 4 and access on a public state-maintained road. I think that in this case, we're allowing the <br /> 5 applicant to create that definition and then the adequate access to and from the site would <br /> 6 need to be proven with that easement agreement. So, you do have that, you said? <br /> 7 <br /> 8 Kevin Hornik: Sure. Yeah. <br /> 9 <br /> 10 Beth Bronson: I can't find that in the registry book. <br /> 11 <br /> 12 Kevin Hornik: From what I understand, you can't find it in the, the Orange County Registry book, correct? <br /> 13 <br /> 14 Beth Bronson: The reference numbers are not showing up, so. <br /> 15 <br /> 16 Kevin Hornik: Taylor, can you show me how I need to get out of this presentation. <br /> 17 <br /> 18 Taylor Perschau: If you go to the File Explorer. <br /> 19 <br /> 20 Kevin Hornik: Okay, all right. <br /> 21 <br /> 22 Taylor Perschau: And then these are what you submitted. <br /> 23 <br /> 24 Kevin Hornik: Thank you. All right so here are the two agreements,and again,these are lengthy documents, <br /> 25 but the first is the agreement of restrictions and provisions for private road maintenance. This <br /> 26 one is the one that applies to Dodson Knoll Road. It's in Orange County Registry Book 372 <br /> 27 at Page 105. And again it guarantees it establishes a right of access through Dodson Knoll <br /> 28 Road. It apportions maintenance responsibility amongst the affected property owners. It <br /> 29 includes no other restrictions or regulations regarding the use of or character of the use of any <br /> 30 of the affected properties. Nor would I argue, is any of that relevant? That is an entirely <br /> 31 private property dispute. If the neighboring property owners think that there's something that <br /> 32 violates this agreement, that's for them and for our clients to decide as a private property <br /> 33 matter. And then we'll scroll down. <br /> 34 <br /> 35 Beth Bronson: However, Subsection C, you are using this agreement as the direct road frontage. Is that <br /> 36 correct? <br /> 37 <br /> 38 Kevin Hornik: That's correct. <br /> 39 <br /> 40 Beth Bronson: Okay. So, it does seem relevant. <br /> 41 <br /> 42 Kevin Hornik: Well, until there is a court-ordered determination that this agreement does not provide access <br /> 43 to the subject property, this board is bound by what exists in the public record, which is this <br /> 44 agreement. <br /> 45 <br /> 46 Beth Bronson: That is totally fine. The relevance of this is important though in the sense that this was an <br /> 47 established in 1980 for any future landowner to have access to. I mean, you don't need to <br /> 48 scroll, you can stop. <br /> 49 <br /> 50 Kevin Hornik: Well, there's a second agreement. <br /> 49 <br />