By NATE KING
Salina Post
The Saline County Commission met on Tuesday, Aug. 27, and all five commissioners discussed clarifying language regarding a bridge replacement and right-of-way acquisition near Schippel and Simpson Roads.
Board of County Commissioners:
District One — Monte Shadwick
District Two — Robert Vidricksen
District Three — Rodger Sparks
District Four — James Weese
District Five — Chairman Joe Hay Jr.
To view the recording of the Saline County Commission's Aug. 27 meeting click the play button above.
About the Meeting
Saline County Road and Bridge Engineer Justin Mader presented plans for commission action regarding the infrastructure project.
The project aims to replace an aging bridge and improve the roadway and drainage systems. Mader detailed the scope, challenges, and ongoing communication with local landowners concerning the right-of-way.
"So right away, letters were sent out to the landowners at the end of June, and we heard back from a brother and sister who owned two different parcels along this road," Mader said. "They've expressed that before agreeing to donate any right-of-way for this project, they would really want Saline County to take ownership of the ditch and dike system south of Schippel."
The project focuses on replacing a deteriorating bridge at the Schippel and Simpson Road intersection.
"The main goal is to clarify exactly who's responsible for that ditch," Mader said. "We've not maintained it as well as, or as often as we need to, but it's because it's always been unsure of who owns it... If we're going to maintain it, we need to make sure to get it in the county right-of-way to where it makes it legal."
Mader said typically, a road is centered within its designated right-of-way, which includes the road itself, ditches, and other features. This right-of-way is based on section lines established in Saline County back in the late 1800s. However, Mader said the area in question near the intersection of Schippel and Simpson roads doesn't align with the section line as it should.
"In that location, the road is not lined up on the section line, so the right away that you have to keep the road is straight, but the road kind of curves around a lot more than what normally happens, for whatever reason," Mader said. "And so, for instance, like that ditch, that drainage ditch. It looks kind of like a really big road ditch, but its outside of the right-of-way. Perception was that it is the County's responsibility because it looks like a road ditch, like a really big road ditch."
The ditch runs along Simpson Road from Schippel Road to the Saline River.
"We finally found a profile dated 1913 for this project," Mader said. "This infrastructure has some age to it. We didn't find any right-of-way documents. So from what we've determined, this ditch and dyke system is outside of the county's right-of-way."
Despite the County maintaining this ditch in the past, there are no records documenting right-of-way ownership to the County.
"Right now during big flood events, Simpson Road gets completely washed out, and so we're trying to provide a higher level of service on Simpson Road to where it doesn't overtop nearly as as much, and then the bridge just needs to be replaced."
Mader noted that Saline County Road and Bridge does maintain the ditch and has cleaned out the ditch in previous years.
"Saline County's been maintaining that ditch forever. I think Darren [Road and Bridge Admin.] would would agree with that. We spent a month out there, a year ago or so, reconstructing that ditch and making the water flow," said Commissioner Robert Vidricksen. "I mean, it's no different than any other ditch in Saline County that we do maintain it. It's not like we haven't been maintaining it in the first place."
" All we're really doing is cleaning up the legal language," said Commissioner Monte Shadwick.
Securing right-of-way easements for the project touches three different parcels of land. Mader said the two landowners to the North, who happen to be sisters, are willing to donate the land to Saline County right away. However, Mader informed commissioners that the owners of the southern parcel had a request for commisisoners.
"They're [Landowner South Parcel] getting an attorney involved for this, and so they want their attorney fees paid for," Mader said. "They're saying it's going to be no more than $1,400."
Shadwick voiced his lack of support regarding paying the landowner's lawyer fees.
"I'm supportive of the right-of-way acquisition, language, I'm just not supportive of $1,400," Shadwick said.
"I echo the same sentiments," Vidricksen said.
Mader presented three alternatives for the commission to consider:
Accept the Right-of-Way and Maintenance Responsibilities for All Properties:
This would include payment of the $1,400 attorney fees for the southernmost property.
Accept the Right-of-way and Maintenance Responsibilities for the Northern Two Properties Only:
This would exclude the southernmost property but still improve drainage for the area. This option would also not include the payment of $1,400 attorney fees for the southernmost property.
Do Not Accept Any Right-of-Way or Maintenance Responsibilities:
This option could affect the acquisition of the right-of-way necessary for the bridge project.
Mader recommended the second alternative, which involves accepting the right-of-way and maintenance responsibilities for the northern two properties only. He estimated the annual maintenance cost for this area to be between $3,000 and $5,000, depending on weather conditions, which would be covered by the County's Road and Bridge fund.
Commissioners voted 5-0 and approved the second alternative request for action.
Mader said the next step is to prepare a right-of-way agreement for the landowners to sign, agreeing that they will donate the right of-way.
"I'm hoping to meet with them [landowners] tomorrow," Mader said. "They're, aware of what's going on so no surprises. I'm hoping we can get done the next few weeks."