Title
VAC2013-00002 - Request to vacate a portion of a platted floodway reserve easement; generally located east of 127th Street East, approximately 1/4-mile north of 39th Street South, north of Twin Mill Street, on the west side of Triple Crown Street. (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 is requesting consideration to vacate a portion of the platted floodway reserve easement located on Lot 6, Block B, Twin Mill Estates Addition. The applicant proposes the expansion of the residence into a portion of the platted floodway reserve easement. The plattor's text states that the maintenance and repair of the floodway reserve easement(s) is the responsibility of the Twin Mill Estates Addition's HOA, until such time that the appropriate governing body takes over the floodway reserve easement(s). It also states that no buildings, grading, fill or creation of channels can happen within the floodway reserve easement(s) unless approved by the engineer of the appropriate governing body. The subject floodway reserve easement is not located within a FEMA Flood Zone or Floodway. There are no utilities located in the floodway reserve easement. The Twin Mill Estates Addition was recorded with the Sedgwick County Register of Deeds July 21, 2011.
Analysis: The MAPC voted (11-0) 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. No written protests have been filed.
Alternatives: Not applicable.
Financial Considerations: Not Applicable.
Legal Considerations: Approved as to form and signed by County Counselor's Office. The Board of County Commissioners is authorized by K.S.A. 58-2613, et seq. to grant petitions for vacation of platted streets, alleys, public easements and public reservations. The order is approved as to form and signed by County Counselor's Office
A certified copy of the Vacation Order will be recorded with the Register of Deeds.
Policy Considerations: Not applicable.