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November 20, 2012
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November 20, 2012
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McFarland abstained. Motion carried. <br /> Held a 5-minute br�ak. <br /> 6. PUBLIC HEARING PETITION TO CLOSE ELM ISLAND ROAD— Quandt made a motion <br /> and Ziola seconded to open the public hearing. Arnold, Lancaster, McFarland, Purdy, Quandt, <br /> Schuppan and Ziola all voted yes and nane voted no. Motion carried. <br /> Chairman Lancaster requested the comments be kept at 5 minutes for each person requesting <br /> to speak. <br /> County Surveyar Casey Sh�rlock stated that the County Clerk received the petition to close the <br /> road and according to state statutes the county board ordered the highway superintendent to do <br /> a study of the road. He researched the road record books and there is mention of opening a <br /> road along an island. A cons�nt deed far the road was issued by the county attorney's office in <br /> 19�4 and the records make note of an easement. It noted the Lewis Ranch and on the 1996 <br /> map it show�d a road all the way to the St. Joseph Railroad. He reviewed the map of the sit� <br /> and noted the gate that is already across the highway easement. In general, as road director, it <br /> is his position to maintain status qua of any road. It is more difficult to obtain right of way and re <br /> open a road if it is closed. The board will need to take some action. <br /> Lancaster stated that Mr Sherlock knows the roads as well as anyone in the county and ask if <br /> there is any reason for anyone to have access to the gated part of the road. Mr. Sherlack stated <br /> that there is na reason but we need to retain the right of way it is too hard to go back and <br /> reopen and acquire right of way so it is best to leave it as it is. Crane Trust may have been <br /> unaware of the easement and there are only 2 landowners at this time. He stated they could <br /> close the road but still rctain the right of way for the easement and not allow public access. <br /> Schuppan questioned if the road is left as it is would there need to be formal action. Mr. <br /> Sherlock stated you could close the road westerly of the locked gate. This is a protected wild <br /> life area. If the gate is there the county cannot grade the road because if the road department <br /> goes in th� public can access it also. <br /> Arnold stated there are 2 issues you can close the road ar gate the raad and do not relinquish <br /> the easements. <br /> Chairman Lancaster called for public participation. <br /> John Amick 41 D Amick Avenue, Doniphan Nebraska <br /> Trevar Johnson #29 Sonja Drive Doniphan, Nebraska <br /> Mr. Amick provided the board members with a packet of information. He reviewed the pictures <br /> in the packet and not�d the plat map and th� list of incidents that the Sheriff's Department has <br /> responded toa in the last 5 years. He pointed out photos showing damage to the gates and the <br /> slgns and the liter left by the public. There are also incidents af hunting in a non hunting ar�a. <br /> There are 28 acres that are awned by Mr. Johnson. They agree that the right of way should be <br /> maintained but to gate the road. He noted a picture of Buffalo Road and Mr. Schuppan stated <br /> he farmed that property for 30 years and was familiar with it. He also noted the Sportsman's <br /> Club and that has always been gated and also noted other various properties on Monitor Raad <br /> that have access to the properties gated. Mr. Sherlack clarified if he meant to retain the right of <br /> way when he said to maintain it and Mr. Amick agreed. <br /> S <br />
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