Title
RECEIPT AND REVIEW OF PETITION FOR VACATION OF ROAD UPON OR ALONG A SECTION LINE UNDER KSA 68-102,M ET SEQ.
Presented by: Kelly B. Arnold, County Clerk.
RECOMMENDED ACTION: Receive petition, find to be in legal form, approve bond, appoint three disinterested householders of the county to act as viewers, designate the day for the viewing of the road to be vacated, order the County Surveyor to attend the viewing to survey the road, set this matter for consideration on the date set out in the attached notice, and approve the notice for publication by the Clerk as directed in the notice.
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This petition for road vacation was filed under KSA 68-102, et. seq. which requires that the petition must state the beginning, intermediate and ending points of the road. The statute also requires the Board to approve any bond required to cover the costs of the road vacation process.
Alternatives:
A) Find the petition is not in legal form and direct the Clerk to notify the petitioner to resubmit a corrected petition.
B) Take any other action deemed appropriate, including but not limited to referring this matter to the Wichita-Sedgwick County Metropolitan Area Planning Department, and/or the Planning Commission for review and recommendation.
Financial Considerations: A bond is required by the applicant to cover any costs incurred by the County. Petitioner will also pay for changes to the road required under the proposed conditions for the road vacation.
Legal Considerations: Vacation of unplatted county roads in the unincorporated areas is governed by KSA 68-102, et. seq. The County Counselor has reviewed the petition and recommends it be found to be in legal form. The County Counselor has also reviewed the bond submitted and recommends it be found to be in proper form. In addition, to the authority granted the Board to vacate county roads under KSA 68-102, et. seq.; the Board has general authority under KSA 19-212 Ninth to lay out, alter or discontinue any road running through one or more townships in Sedgwick County, and also to perform such other duties respecting roads as may be provided by law.
Policy Considerations:
Outside Attendees:
Multimedia Presentation: Powerpoint