Title
Request to vacate a street right-of-way dedicated by separate instrument; generally located on the west side of 24th Street West and north of 101st Street North (County District 4) VAC2014-00010.
Body
Recommended Action: Follow the recommendation of the Metropolitan Area Planning Commission, approve the Vacation Order and the easement for public utilities, and authorize the necessary signatures.
The applicant proposes to vacate the unimproved street right-of-way dedicated by separate instrument; Right-of-Way Agreement, FLM 331, PGS 572-573, recorded October 12, 1978. The 70-foot wide right-of-way runs approximately 490 feet west from Meridian Avenue/24th Street West, parallel to the applicant's north property line, where it dead-ends in the applicant's property. There are utilities located in the subject right-of-way, which will be covered by a utilities easement dedicated by separate instrument. The utility easement dedicated by separate instrument will be recorded with the Sedgwick County Register of Deeds, as will a covenant binding and tying the vacated right-of-way to the applicant's property.
Analysis: The 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 within the City of Valley Center’s Zoning Area of Influence, consideration and recommendation by their planning commission is required. This request was approved by the Valley Center Planning Commission at their regular April 22, 2014, Tuesday night meeting. No one spoke in opposition to this request at the Valley Center Planning Commission meeting. No written protests have been filed.
Alternatives: Not applicable.
Financial Considerations: Approved by Division of Finance; complies with Kansas Budget Law and Cash Basis Law
Not applicable.
Legal Considerations: Approved as to form and signed by County Counselor's Office
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