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road and finding nothing to evidence title in anyone other than <br />himself, barricaded the roadway at the west line of Government hot <br />3, and told the people who periodically came fishing there that <br />they were trespassing and drove them away as had Ben Babb. <br />Certain persons protested to the then County Administration <br />I <br />claiming that Mr. Holmes was closing off a county road. The county <br />in June of 1970 ordered a title search to determine ownership of <br />the roadway. The search revealed that there was no deed to the <br />county for any porion of Government Lot 3. In September of 1970 <br />the county, over Mr. Holmes' protest, proceeded to enter onto <br />Government Lot 3 and lay pavement 9 feet wide to within 139 feet <br />of the river. <br />There the issue remained until the early part of 1975 <br />when Mr. Holmes once again barricaded the roadway and demanded to <br />know by what basis the county claimed its ownership. In April of <br />1975 the county discovered Florida Statutes §5337.31 (1955) and <br />341.59 (1951) which relate to county maintained roads. On April <br />8, 1975, the county had a survey prepared (Exhibit "A" of the <br />Petition) which shows: <br />river, and <br />(A) That the roadway terminates 139 feet east of the <br />(B) a 50 foot right of way <br />On April 14, 1975 Mr. Holmes removed his barricade after <br />the county advised him that they would have it torn down. <br />On June 4, 1975, the county filed a "maintenance map" <br />whereon it is stated that the county had "continuously and <br />uninterruptedly" maintained the road for the four (4) preceding <br />years. The pertinent portion of the maintenance map, a copy of <br />which is attached to the petition as Exhibit "B" shows: <br />(A) That the road extends to the river, and <br />(B) That there is a 50 foot wide right of way. <br />Since that time, except for periodic protesting and <br />letter writing the matter has lain dormant. The county periodically <br />cuts the grass and sprays Daupon 2-4-D and Stickler in the witches <br />and does nothing whatsoever within 139 feet of the river. The <br />Boni ��5 �acE <br />JAN.141981 <br />