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A0 6 `' „t <br />BOOK 84 <br />ON MOTION by Commissioner Scurlock, SECONDED by <br />Commissioner Bowman, the Board unanimously agreed to <br />-leave the 78th Avenue right-of-way open as it has <br />existed over the past 70 years, as recommended by <br />staff. <br />Under discussion, Commissioner Bowman asked what is the <br />County's exposure to liability. <br />County Attorney Vitunac advised if the roadways are properly <br />maintained there is no liability. <br />Public Works Director Jim Davis offered photographs showing <br />the condition of the right-of-way and that there is no problem with <br />frequent vehicles using the right-of-way. He thought there were <br />some isolated incidents where people wander back there but he <br />pointed out in the photographs that the grass is well-maintained <br />and there does not appear to be a large use. It is on the boundary <br />of a platted subdivision and it is a half right-of-way. <br />Commissioner Bowman, with Commissioner Eggert agreeing, stated <br />that from personal observation of the area, she felt anyone riding <br />a motorcycle or beach buggy on the site would run the risk of going <br />head over heels. <br />THE CHAIRMAN CALLED FOR THE QUESTION <br />It was voted on and carried unanimously. <br />STREET LIGHTING ALONG S.R. 60 WEST OF 43RD AVENUE PROPOSED BY <br />DEPARTMENT OF TRANSPORTATION <br />The Board reviewed memo from Public Works Director Jim Davis <br />dated August 21, 1991: <br />42 <br />