Due to a typing error, staff recommends that the Vacation of Right-of-Way be approved per the Planning Commission recommendation with the following amended stipulations:

1.

Prior to approval by City Council, an access easement for the portion of right-of-way being vacated shall be submitted to Community Planning and Development Services for review and approval. The access easement shall be recorded at the Register of Deeds in conjunction with the Vacation of right-of-way. The access easement shall be maintained until such time as an alternative means of access is completed by the applicant and accepted by the City;

2.

A Covenant Agreement between the City of Rapid City and the applicant shall be recorded. In particular, the Covenant Agreement shall secure the proposed access and drainage easement on the property until such time that an alternative access connecting Catron Boulevard and the U.S. Highway 16 Service Road has been completed by the applicant and accepted by the City, at which time the access/ drainage easement may be vacated. A copy of the recorded Covenant Agreement shall be submitted to Community Planning and Development Services; and,

3.

Prior to approval by City Council, a sanitary sewer easement shall be submitted for review and approval. The sanitary sewer easement shall be recorded at the Register of Deeds in conjunction with the Vacation of right-of-way.  

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

1.

Prior to approval by City Council, an access easement for the portion of right-of-way being vacated shall be submitted to Community Planning and Development Services for review and approval. The access easement shall be recorded at the Register of Deeds in conjunction with the Vacation of right-of-way. The access easement shall be maintained until such time as an alternative means of access is completed by the applicant and accepted by the City;

2.

A Covenant Agreement between the City of Rapid City and the applicant shall be recorded. In particular, the Covenant Agreement shall secure the proposed access and drainage easement on the property until such time that an alternative access connecting Catron Boulevard and the U.S. Highway 16 Service Road has been completed by the applicant and accepted by the City, at which time the access/ drainage easement may be vacated. A copy of the recorded Covenant Agreement shall be submitted to Community Planning and Development Services; and,

3.

Prior to approval by City Council, a sanitary sewer easement shall be submitted for review and approval. The sanitary sewer easement shall be recorded at the Register of Deeds in conjunction with the Vacation of right-of-way.