No. 11VR004 - Original Townsite of Rapid City

A request by Gene Fennell for Pennington County to consider an application for a Vacation of Right-of-Way for the alley right-of-way adjacent to Lots 1-12 and Lots 21-32 of Block 99 of the Original Townsite of the City of Rapid City, located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being the alley right-of-way lying west of 1st Street between Kansas City Street and Saint Joseph Street.


STAFF RECOMMENDATION:
Staff recommends that the Vacation of Right-of-Way be continued to the September 19, 2011 City Council meeting as the stipulaton of approval has not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Vacation of Right-of-Way be approved with the following stipulation:

1.

Prior to City Council approval, a temporary utility easement and/or agreement, as determined by the City Attorney’s Office, shall be secured to allow the existing private and public utilities to remain in the right-of-way until such time as the utilities are relocated and accepted by the City and/or private utility companies and to insure that no construction within the right-of-way occurs until the utilities are relocated and accepted. In addition, a copy of the recorded document shall be submitted to the Growth Management Department for review and approval.


VOTE: (9 to 0 with Braun, Brewer, Marchand, Rippentrop, Rolinger, Scull, Snyder, Swank and Weimer voting yes and none voting no)