No. 04VR008 - Feigels Subdivision
A request by TSP for Rob Poeppel to consider an application for a Vacation of Public Right-of-Way on the balance of the North 1/2 of Block 4 and balance of the South 1/2 of Block 4 and alley right-of-way all located in Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 900 East Watertown.

Staff recommends that the Vacation of Public Right-of-Way be continued to the December 6, 2004, City Council meeting as the stipulations of approval have not been met.

PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended that the Vacation of Public Right-of-Way to vacate E. Madison Street be approved and that the Vacation of Public Right-of-Way to vacate N. Cherry Avenue be approved except for the northern 100 feet of the N. Cherry Avenue right-of-way with the following stipulations:

1.

Prior to City Council approval, a minimum 20 foot wide public utility easement along E. Madison Street and N. Cherry Avenue shall be recorded at the Register of Deed’s Office to accommodate City sewer and water, Black Hills FiberCom, Black Hills Power and Montana Dakota Utility;

2.

Prior to City Council approval, a drainage easement along the eastern 155 feet of E. Madison Street shall be recorded at the Register of Deed’s Office; and,

3.

Prior to City Council approval, the vacation exhibit shall be labeled "Exhibit A” and shall be stamped by a licensed land surveyor and/or Professional Engineer. In addition, the exhibit shall be revised to eliminate the northern 100 feet of N. Cherry Avenue right-of-way and to correct the spelling of “Balance” as shown in the description of the South ½ of Block 4 of Feigels Subdivision.
VOTE: (7 to 0 with Anderson, Fast Wolf, Hadcock, Nash, Prairie Chicken and Schmidt voting yes and with none voting no)