Title
Request to vacate a perpetual easement and right-of-way dedicated by separate instrument on property generally located north of 47th Street South on the west side of Oliver Avenue -VAC2014-00015- (County District 5).
Body
Recommended Action: Follow the recommendation of the Metropolitan Area Planning Commission, approve the Vacation Order and authorize the necessary signatures.
Background: The applicant proposes to vacate the perpetual easement and right-of-way dedicated by separate instrument (FILM 158 - PAGE 588-589, recorded September 18, 1975) located on an undeveloped, unplatted tract, within the south end of the Boeing - Spirit Companies' aircraft manufacturing complex. The dedication gave the City of Wichita a perpetual easement and right-of-way for the "…installation, construction, operation, maintenance, repair, replacement and reconstruction of pipe lines and/or mains, manholes, lateral pipe lines and all structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right-of-way…" The perpetual easement and right-of-way covers the whole unplatted tract. There are no utilities located in the perpetual easement and right-of-way dedicated by separate instrument.
Analysis: The Metropolitan Area Planning Commission (MAPC) voted (9-0) 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 Sedgwick County, but within the City of Wichita's three-mile ring subdivision jurisdiction, consideration and recommendation by the Wichita City Council, and consideration and final action by the Sedgwick County Board of County Commissioners is required. The Wichita City Council will consider this item at their July 22, 2014, meeting as a consent item.
Alternatives: Not applicable...
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