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June 2009 - Planning & Zoning Draft Meeting Minutes <br />Mr. Scribner is not sure what has changed; he is still going to grant the conservation easement; it <br />stays an all open buffered area to reduce any impact on trees or whatever, to try and keep it <br />where is does stay away from things; that is exactly what the pipeline company is suppose to do. <br />He is still trying to figure out why that creates an issue when he is not doing anything different. <br />He is doing an open space subdivision with exactly the same plan and with one less lot; to him <br />that is what he is looking at. He said if it is because the pipeline has created an issue, then it <br />looks like it is an issue with the pipeline company that has created it not him. <br />Mr. Koch said Mr. Scribner voluntarily granted the easement to the pipeline company. <br />Mr. Scribner said if someone is standing with a gun at your head and says they are going to shoot <br />you if you don't agree to this; he agrees that he did voluntarily do that. <br />Mr. Koch said that is not completely accurate; the location of the pipeline can vary. It is not just <br />one fixed place because that has occurred in several locations throughout the county, with <br />respect to the pipeline. He said the fact of the matter is you do not know exactly where it is <br />going to go on your property at this point. <br />Mr. Scribner said that is why he has not drawn anything new because they have not gotten back <br />to him to tell him where it goes. <br />Mr. Koch does not know; all he can tell Mr. Scribner is according to a lawyer they have <br />completely designed the pipeline from one end of the county to other and all of those plans have <br />existed for some period of time and certainly to the extent that they have acquired right of way. <br />He feels pretty confident they have drawn where it is going to be on each parcel that they have <br />acquired it for, not to mention those that they have chosen to condemn. Mr. Koch said what the <br />Board has before them does not show what the present situation is. <br />Mr. Scribner said he just got from Dennis a note that said that all this is still not fixed; that there <br />are property owners trying to prevent it from going through the property and that there was an <br />issue with Rocky River Elementary School, all the property to the north it may change where it <br />goes. He has been waiting on the pipeline company to send him the documents, other than that <br />that is all the information he has. <br />Mr. Koch said the County declined to give the pipeline company an easement across the Rocky <br />River School, so they moved the pipeline and ran it around the school instead of running it across <br />school property. Mr. Koch said that is what Mr. Scribner is referring too and that issue came up <br />about two years ago. He said there are several lawsuits that are pending, not only condemnation <br />action but also actions that challenge whether this is a proper public use or public benefit that <br />accrues to the Town of Midland; for it to basically to lease its right of condemnation to the City <br />of Monroe to run the pipeline. He said there is some litigation out there. <br />Mr. Scribner said if they win, then they do not have the right of condemnation, then the pipeline <br />will not be built; is that correct? <br />Attachment number 9 <br />Page 80 of 315 <br />E-1 <br />