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Planning commission approves utility easement vacation near 2915 Marshall Avenue
Summary
The Kearney City Planning Commission approved easement vacation 2025-04 to remove a platted utility easement along the north edge of Lot 2, Cherry Avenue Industrial Park (near 2915 Marshall Avenue), following a staff recommendation that the easement limits building placement and is consistent with the comprehensive plan.
The Kearney City Planning Commission voted to approve easement vacation number 2025-04, removing a platted utility easement along the north side of Lot 2 in Cherry Avenue Industrial Park, near 2915 Marshall Avenue.
Craig Bennett of Miller and Associates told the commission the easement was platted when the subdivision was created and that, in the portion subject to this request, there are no existing electrical utilities. Bennett said vacating the easement would permit future expansion and relieve a building-placement constraint for the lot adjacent to the easement.
City planning staff reported that the platted easement limits placement of buildings because structures cannot be built over easements and confirmed no infrastructure is currently located in the easement area. Staff concluded the vacation is consistent with the 2016 comprehensive plan and recommended approval.
A commissioner moved to approve the vacation “based on staff’s finding of fact”; the motion was seconded and carried. The commission recorded the motion as approved on the record.
The action will be forwarded in the commission’s packet; staff noted no known financial obligations to the city tied to the easement vacation and said utilities east of the parcel remain unaffected.
