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Atchison commission votes to vacate short section of Kearny Street; parcel to revert to adjacent owner
Summary
After a public hearing, the Atchison City Commission voted unanimously to vacate a short, isolated portion of Kearny Street in the Raven Hills area so the land can be absorbed by the adjacent property owner. Commissioners said staff will reserve utility and other rights in the ordinance before finalizing the transfer.
The Atchison City Commission voted unanimously to approve a recommendation to vacate the remaining portion of Kearny Street in the Raven Hills neighborhood, allowing the parcel to be absorbed by the adjacent property owner.
The request was presented by Phil Burke, who told the commission the segment is an isolated piece of right-of-way and that the adjacent property owner, Allison, owns land on both sides of the strip so it would revert to her in full. Phil Burke said staff had not found utilities running in the short right-of-way and noted the city would include any necessary reservations in the ordinance.
During the public hearing, Lisonbee Turnant and her husband urged the commission to approve the vacation so the space can remain green and be maintained privately. Turnant said the petitioners— goal is “to try to preserve this green space” and that constructing a road there would be impractical and costly; she told the commission she had been advised building a street there would cost more than $1 million and that the terrain is steep.
City staff and commissioners discussed whether vacating the right-of-way would deprive the public of potential future use. Staff said the parcel had not been used or improved as a street and that any utilities identified would be reserved in the ordinance. The commission specifically noted the statutory requirement to preserve public utility rights when vacating right-of-way and confirmed staff would include reservations for existing or potential public utilities in the formal ordinance.
Commissioner Slattery moved to approve the recommendation; Commissioner Murphy seconded. The clerk conducted a roll-call vote: Murphy, Slattery, Mary Young, Vice Mayor Wilcox and Commissioner Greenlee all voted yes. The motion carried.
The commission directed staff to prepare the formal ordinance that includes required reservations and any easements needed for utilities before the city executes the transfer of property to the adjacent owner.
