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5.2 Vac Leavenworth Add CITY OF SALINA REQUEST FOR COMMISSION ACTION DAIE 'EIME 11/28/94 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: 5 ITEM Engineering 2 ~BY: Shawn O'Leary~_ BY: ITEM Report on Petition No. 4091 requestin9 vacation of the 20-foot public right-of-way located between Lots 1, 2 and 3, Block 1, Leavenworth Addition and the Dry Creek Channel. BACKGROUND The permit was submitted on November 3, 1994 by Mr. Donald B. Johnson. Mr. Johnson is the owner of Lots 1, 2 and 3, Block 1, Leavenworth Addition and desires to construct a private 9arage on a portion of the existin9 right-of-way. In fact, the encroachment of the proposed 9arage was detected durin9 a review of a recent buildin9 permit requested by Mr. Johnson. The Leavenworth Addition was platted in April, 1867. As shown on the attached sketch, the 20-foot right-of-way alon9 the east side of Lots 1 through 7 was platted for the purpose of access, similar to an alley in other residential areas. There is additional land encompassin9 the Dry Creek Channel at this location which is designated as Park No. 1. The Dry Creek Channel here still serves to collect stormwater runoff from adjacent properties, however the volume of flow is much less than it was prior to the channel change of 1934. The franchise utility companies have reviewed the proposed vacation request. There are no existin9 or proposed utility systems located in the 20-foot right-of-way. It would appear prudent to vacate the entire right-of-way adjacent to Lots 1 through 7, however the three other owners of Lots 4 through 7 have not yet consented to that action. Therefore, it is staff's opinion that additional time is needed to contact other property owners in the area. RECOMMENDATION It is recommended that the City Commission continue the public hearin9 on the vacation of the 20-foot right-of-way located between Lots 1 through 3, Block 1, Leavenworth Addition and the Dry Creek Channel. COMMISSION ACTION MOTION BY SECOND BY THAT: RIGHT- ~- WAY ' VACATION ~ 27 :