No. 04VR004 - Section 21, T2N, R8E
A request by FMG, Inc. for Leigh Tange and James Adams c/o Nemo Road Properties to consider an application for a Vacation of Section Line Highway on the 66 foot section line highway less the east 33 feet of said 66 foot right-of-way, located between the SE1/4 of Section 21 and the NE1/4 of Section 28, all located in T2N, R8E, BHM, Pennington County, South Dakota, more generally described as being located north of I-90 and west of Elk Vale Road.

Staff recommends that the Vacation of Section Line Highway be continued to the October 18, 2004 City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Vacation of Section Line Highway be approved with the following stipulations:

1.

Prior to City Council approval, written documentation from Black Hills FiberCom concurring with the Vacation of Section Line Highway request shall be submitted;

2.

Prior to City Council approval, a 20 foot wide utility easement shall be recorded at the Register of Deed’s Office; and,

3.

Prior to City Council approval, the north half of the section line highway shall be annexed into the City limits of Rapid City or the north half of the section line highway shall be vacated by the Pennington County Board of Commissioners.

VOTE: (8 to 0 with Brown, Fast Wolf, Rodriguez, Nash, Prairie Chicken, Hadcock, Schmidt and Anderson voting yes and none voting no)