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JUN 271989 BOOK 77 pm,JAW <br />accomplish the same thing if there were an intergovernmental <br />agreement to hold that easement however wide that may be? <br />Attorney Vitunac agreed that if the Board did adopt that, we <br />would end up with the 50' at least protected, but, in return for <br />that, we would have to have the realignment. <br />Commissioner Eggert wished to know, disregarding the <br />question of the realignment, if we wouldn't come up with some as <br />strong or maybe even stronger to protect the R/W. <br />Attorney Collins noted that an agreement is only as good as <br />the people standing behind it, and if we file the map, it is an <br />established claim. <br />Commissioner Scurlock believed what Commissioner Eggert is <br />asking is if we go ahead and file the map as proposed, then <br />subsequent to that while we are researching the other item, we go <br />into an interlocal agreement with the Town of Orchid that adopts <br />the Management Plan setting those buffers, is that new interlocal <br />agreement far beyond any rights we may have, 50' or smaller. <br />Attorney Collins believed it would be because the Management <br />Plan speaks to a 70' corridor, but that is an agreement; it is <br />not a legal title to the roadbed. <br />Argument continued regarding the best way to proceed, and <br />Commissioner Eggert wished to know why the 50' easement is <br />superior to having both a map and an agreement. <br />Attorney Doty believed if we can establish a 50' R/W that <br />should affect the Board's decision on the next item regarding <br />abandonment and realignment, and that is why they are asking the <br />Board to defer action until more research can be done. <br />Commissioner Scurlock clarified that Mr. Doty's request then <br />would be to go ahead and file the Maintenance Map that we have, <br />writing across the face of it that we are not giving up any <br />rights, and to defer further action on the proposed realignment <br />and abandonment until such time as staff can research and come <br />back to the Board, and Mr. Doty felt that would be reasonable. <br />22 <br />