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Pocatello council approves vacation of 2-by-50-foot strip at end of Bogie Lane
Summary
The City Council approved a request from Dyke(n) Construction and property owners to vacate roughly 100 square feet of right-of-way at the end of Bogie Lane so the disputed strip can be conveyed to the adjacent property owner, resolving a boundary dispute.
The Pocatello City Council on the motion of Council Member Mangum approved a request to vacate about 100 square feet, described as a 2-foot-by-50-foot strip, at the end of Bogie Lane so the parcel can be conveyed to the adjacent property owner. The motion was seconded by Council Member Paulson and passed in a roll-call vote with members present voting yes.
City senior planner Matthew Lewis told the council the vacation application was submitted by HLE on behalf of Dyke(n) Construction. Lewis said the subject right-of-way was platted as part of Iron Eagle Division 3, and that notice had been provided to property owners within 300 feet and published in the Idaho State Journal. Lewis also said one written comment had been received and that staff recommended approval with conditions.
Applicant Weston Dykeland, representing Dyke Construction, told the council the company bought the property about two years ago and discovered title included the two-foot strip even though an older fence indicated the adjoining property had used it for decades. "We're just trying to do the right thing and turn it back over, clean up all the boundary lines for everybody involved," Dykeland said.
Tina Christensen, the adjacent property owner, spoke in support and said the two feet lie inside an existing six-foot fence on her side of the property and that she wanted the strip returned so she could keep her horse fencing intact. Resident Teresa Bennett also said she supported the vacation.
Council Member Nichols asked whether the adjoining property owner would retain access off Bogie Lane after the conveyance; Lewis and the applicant confirmed access to the adjoining parcel would remain as it is today. The council opened and closed the public hearing and voted to approve the vacation as outlined in the staff report.
The council's approval requires the applicant to carry out the conveyance steps spelled out in staff's recommended stipulation before the city completes the vacation recordation. No litigation or further city action was reported on the record at the meeting.
