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Sheridan County approves vacation of Maple Avenue with utility easements and access granted to neighboring landowner

2955459 · January 21, 2025
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Summary

After public comment and a planning-level analysis, commissioners approved vacating a portion of Maple Avenue in the Downers Addition with minimum utility easement widths and an access easement for a neighboring property owner.

Sheridan County commissioners on Jan. 21 approved vacating a portion of Maple Avenue (from 17th Street to 16th Street) and a portion of 16th Street (from Maple to Birch) in the Downers Addition, with conditions to preserve utility infrastructure and to grant access to an adjoining landowner.

County Engineer Ken Mueller presented a viewers report and said notices of intent received two letters: one from an adjoining landowner supporting the vacation but seeking continued access, and one from the City of Sheridan’s planning staff recommending the county not approve the vacation unless infrastructure and access are preserved. Several nearby residents and representatives spoke during the public hearing in favor of the vacation, citing steep grades, a spring and other terrain constraints that make building and public road use unsafe.

Clint Langer of the law firm Davis & Cannon, representing property owners EJ and Cheyenne Panetta, presented an engineering letter from WWC Engineering documenting that slopes along the right-of-way exceed Sheridan County’s 8% maximum grade for subdivisions in multiple locations, with several occurrences above 10% and some as high as 18%. Langer urged retaining utility easements rather than trying to fit a public road into terrain that would be unsafe for emergency vehicles.

The board’s motion to vacate included an amendment to preserve infrastructure in an access and utility easement with a minimum width of 30 feet for sewer and 20 feet for water, and to grant an easement to Richard Welch for access to his property. Commissioner C. Siddall moved the vacation; Commissioner Arcey seconded. The motion passed by voice vote.

Why it matters: the vacation removes a public right-of-way from the county road system but explicitly preserves utility infrastructure and grants access rights to ensure continued service and access for neighbors. Public commenters and the engineer cited safety and grade as primary reasons for supporting the action.

The county will incorporate the agreed easement language into the vacation documents before finalizing the conveyance.