No. 09VR010 - NWE Subdivision

A request by Ferber Engineering Company for South Dakota Game Fish and Parks to consider an application for a Vacation of Right-of-way on the North 40th Street Right-of-Way located in Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more particularly described as: Commencing at a found plastic cap marked Renner #2652 at the Northwest corner of Lot 4 of Block 1 of Tract G of Meadowwood along the southern right-of-way line of Dean Lane, the true point of beginning; THENCE, S01º57’54”W, a distance of 149.60’ feet along the east right-of-way line to a found cap marked Polenz #4208; THENCE, S01º57’54”W, a distance of 130.02 feet along the east right-of-way line; THENCE, N88º03’10”E, a distance of 60.06 feet; THENCE, N01º58’10”E, a distance of 279.68 feet along the west right-of-way line to a found cap marked FMG #4225; THENCE, N00º22’58”E, a distance of 89.86 feet along the west right-of-way line to a found cap marked Renner #2652; THENCE, S88º00’09”E, a distance of 60.09 feet along the north right-of-way line; THENCE, S02º03’12”W, a distance of 60.58 feet to the true point of beginning, more generally described as being located at the northern terminus of North 40th Street and west of Sturgis Road.


PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommend that the Vacation of Right-of-way be approved with the following stipulations:

1.

Prior to City Council approval, a signed utility easement retaining N. 40 th Street as a “Public Utility Easement” shall be submitted to the Growth Management Department; and,

2.

Prior to City Council approval, a copy of a recorded access easement securing that portion of the turnaround to be located on the adjacent property owned by the Synagogue of the Hills shall be submitted to the Growth Management Office.


VOTE: (6 to 0 to 2 with Braun, Brewer, Brown, Gregg, Kinniburgh and Landguth voting yes and none voting no and Scull and Wyss abstaining)