County Commission Meeting Minutes
Revised minutes from August 9,1999

The minutes on a road dispute were discovered to have some area that was not correct. Old minutes have been struck through and corrected minutes follow strike section. The road in question was deeded to the county, as it is not an easement there can be no vacation of the roadway. The name of the canal was incorrect; it is the Consolidated Farmers Canal.

Dated this twenty-fourth day of January 2000.

Roads: Meeting with the commissioners on a controversy over a county road was J.T. Beech, Lowell Birch, Blair Calloway, Steve Jeppesen, Boyd Price, Jerry Dalling and Mike Birch. Mike Birch had installed a fence across a county road and the commissioners had requested it be removed but said that it could be replaced with a cattle guard. A letter had been sent to these adjoining property owners requesting a settlement on the dispute with the county mediating.

Mike Birch had three questions that needed resolved: 1) replacing or maintaining the bridge on a county road – a county responsibility if funding available. 2) Where the fence should be placed, it was suggested where the old fence was, the road may be pretty narrow around 17-18 feet to move equipment through. 3) The deeded easement is 33 feet by law, by prescription the width of the road is what it actually has been. Beech said that the road looks like it was centered by in 60-70s the in the 1960-70s when the BLM resurveyed and marked different lines. Lowell Birch said that four different surveys have different lines. The road has not been maintained on a regular schedule by the county.

Mike Birch said he would use the remaining fence posts to put the new fence in. Beech requested consideration on making the road a little wider to allow for equipment width. The road may drift a little as it goes to the north from the top of the hill. Commissioners ask Birch to use common sense when he installs the fence to help the other landowners and promote good will. The group will go after this meeting to the site and make a joint agreement. A turn-around will need to be established.

The deed transfers for the easement was discussed. The county could vacate the easement on the upper end and deed it to the property owners where it is located. There is an actual deed to the property. The property owners where the prescriptive easement is would need to deed to the county. A clean record needs to be left for the future. Mr. Jeppeson agrees to work with Stanford on submitting a petition to vacate the property in the easement. Jeppeson needs the property for a portion of his home. The county cannot vacate the easement on the upper end and deed it to the property owners where it is located because there is an actual deed to the property.

Repair work and maintenance need to be scheduled on the bridge crossing the Salem-Union Canal Consolidated Farmers Canal. The bridge is sixteen feet wide and twenty-five feet long. If the land is sub-divided and the road needs a wider access the developer would need to provide it. Dalling said that according to a Barnes survey, on the south side of the bridge, the road is entirely on the Birch property and the section line is approximately followed. That the road easement is wide for 40 rods and then narrows to twenty on one side.

The landowners decided to go 18 feet from the existing fence on the west. Digital photos are included with the minutes. The Jeppeson house is within about two feet of the easement, one rod will be taken back at the top of the hill and a petition to vacate the property will be made. The commissioners will agree to a public hearing county property line. A turn around will be worked out between the property owners. The electric fence will remain until a permanent fence is installed.