8/6/1991 - Laserfiche WebLink

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"swale" is a ditch which takes up'more of that 35' easement there to Powerline. She felt that was unnecessary and noted they left a narrow road to get to Powerline, and the person who owns that corner property gave her permission to go through. She is the one who has maintained that road nobody else- and she does not maintain it for a dragrace or profanity. Chairman Bird suggested that we have the Administrator send staff members out to look into this situation. Commissioner Bowman felt that the County needs to look at Ms. Kaye's deed. Attorney Collins advised that there is a statement on the face of the deed which says it is subject to a 35' easement for public utilities and road R/W. When the subdivision was platted, there was a 35' R/W dedicated, but it has never been up to county standards and it (the road) has never been accepted for mainte- nance; although, the county has done some maintenance of the swale along the road. Commissioner Wheeler asked if we are not maintaining the road, and Ms. Kaye stated that the County is not and further claimed that she personally put in $4,000 worth of sand to build that road and also put in a culvert so the fire department could get through. Attorney Collins pointed out that there are platted roads in this county which are only paper streets and have trees growing in them, but when a road is dedicated to the public, it is available for people to pass over it, and they have a right to walk down it whether or not it is 'up to county standards. Ms. Kaye felt they do not hake a right to use it and be abusive, and Attorney Collins sta�ed that is a matter for the Sheriff. Commissioner Wheeler asked why the County couldn't barricade the road, and Commissioner Scurlock noted that another option is to abandon our right to that road.11 He felt if it is not an easement, and we are not maintaining it, and it doesn't service anyone but Ms. Kaye, it may be logical to abandon it. Attorney Collins agreed that could be done, but that would require a formal public hearing process. Administrator Chandler believed that at this time, the road in question is simply a paper road. We do need to look at the R/W and the drainage ditch. We also need to address if the street is needed in the future, and if there is drag racing, it should be reported to the Sheriff. Chairman Bird felt we shouldjdelay a few weeks to sort some of this out and then have it brought back for further discussion. 6 zd - r fir, 231 RUG 61991