Cowley County’s three commissioners will meet in rural Ark City Monday morning to view a stone- and-iron entryway, a portion of which, county engineering officials say, is located too close to the roadway.
That special meeting is set for 8:30 a.m. at 14876 318th Drive. County administrator Lucas Goff said he did not expect commissioners to take action on the issue at the special meeting.
But because all three commissioners will be together at one location, a meeting was called and public notice given.
“It’s something like a fence viewing,” Goff said, referencing a process in which government officials visit properties to settle land disputes. “The commissioners have been provided some pictures but this is a chance to see it for themselves.”
Robert Istas and his family currently lives on the property and constructed a stone and iron gate for security and privacy purposes. County officials have informed the family of concerns the gate-area could be a hazard to drivers.
A portion of the secured entryway and fencing sits in an easement the county negotiated in the 1980s with the Baird family, who are family to Mr. Istas’s wife. The easement allowed construction of the Cowley 1 roadway, also known as 141st Rd.
The entryway is also near a bridge that crosses a nearby creek.
The county has concerns that the structure’s proximity to the road creates potential liability for the county should a driver strike the structure. There are also questions about whether the gate impedes access for any other property owners in the area.
The county has previously told the family that non-compliant portions of the gate and fence would need to be removed and relocated to a compliant area if reconstructed.
Jason Brewer, an Ark City attorney representing the Istases, wrote to the county in a letter dated August 11, 2017. He indicated the family was interested in settling the issue amicably.
“It’s not the intent of my clients to skirt the law,” Brewer wrote.
He denied the gate created any access issues for other property owners. He did acknowledge the county has some valid liability concerns. Through their attorney, the Istases proposed purchasing back a small sliver of easement, removing and reconstructing any portion of the fence closer than 30 feet from the center of Cowley 1 and agreeing to hold the county harmless should any driver strike the fence, mailbox or gate keypad.
Brewer said the Istases would incur costs associated with surveying a new easement area and relocation of portions of the fence.
Goff said the Istases have been cooperative in attempting to achieve a good resolution to the issue.
