TO: BOARD OF SUPERVISORS
FROM: County Counsel and Transportation
MEETING DATE: March 12, 2024
DEPARTMENT CONTACT:
Jared Schwass
PHONE:
707-234-6885
DEPARTMENT CONTACT:
Howard Dashiell
PHONE:
707-463-4363
ITEM TYPE: Regular Agenda
TIME ALLOCATED FOR ITEM: 30 Minutes
AGENDA TITLE:
title
Discussion and Possible Action Including Adoption of Resolution Summarily Vacating a Portion of an Old County Wagon Road Known as the Cahto Road or Westport to Jackson Valley Road
(Sponsors: County Counsel and Transportation)
End
RECOMMENDED ACTION/MOTION:
recommendation
Adopt Resolution summarily vacating a portion of an old County wagon road known as the Cahto Road or Westport to Jackson Valley Road; and authorize the Chair to sign same.
End
PREVIOUS BOARD/BOARD COMMITTEE ACTIONS:
On May 10, 2023, the Board of Supervisors directed staff to prepare this summary road vacation due to pending litigation involving a portion of an old County wagon road known as the Cahto Road or Westport to Jackson Valley Road (the "Cahto Road"). The litigation is regarding whether Cahto Road is a public road.
SUMMARY OF REQUEST:
The County of Mendocino was named as a cross-defendant in the court case Gary Markley v. Roger Burch, et al. (the "Case"). The Case is regarding whether the Cahto Road is a public road and whether the plaintiff and the public have the right to access and use the Cahto Road.
A review of County records at the Department of Transportation shows that Cahto Road was an old wagon road dating back to the 1800s. However, there are no subsequent records showing that Cahto Road was ever maintained in the County road system. The Cahto Road only appears in the old County Wagon Road Maps, and it is not listed as a county road on any subsequent County official maps. The County has not spent any public money to repair or maintain the Cahto Road in decades, let alone the 5 years required to summarily vacate a road. Additionally, the current state of C...
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