Title
VAC2013-00040 - Request to vacate a portion of an easement dedicated by separate instrument; generally located on the southeast corner of 55th Street West and 81st Street North (County District 4).
Body
Recommended Action: Follow the recommendation of the Metropolitan Area Planning Commission, approve the Vacation Order, and authorize the necessary signatures.
The applicant is requesting consideration to vacate all but the west 100 feet of the City of Wichita Water Well Easement dedicated by separate instrument (Film 1468, Page 116 and Film 148, Page 119) and that south portion of the subject easement where the primary residence encroaches into the subject easement. The applicant’s water well is also located within the subject easement. The 100-foot wide easement runs parallel to the north property line of Lot 1, Schneider Addition. The City of Wichita proposes one production well on this remaining easement and a monitoring well and test holes. A portion of the Little Arkansas River Floodway is located approximately 320 feet west of the site. The subject easement is part of the Equus Beds well field, but it is not located in the Equus Beds recharge area. There are no other utilities located within the subject easement. The Schneider Addition was recorded with the Sedgwick County Register of Deeds June 7, 2001.
The MAPC voted (8-0) to approve the vacation request. No one spoke in opposition to this request at the MAPC’s advertised public hearing or its Subdivision Committee meeting. Because the site is located in the City of Valley Center’s Zoning Area of Influence, the request went to the December 10, 2013, Valley Center Planning Commission for review and recommendation. No one spoke in opposition to this request at the Valley Center Planning Commission and it was unanimously approved. No written protests have been filed.
Alternatives: Not applicable.
Financial Considerations: Not applicable.
Legal Considerations: Approved as to form...
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