A. Upon written request of the subdivider to the Planning Commission, a preliminary or final plat may be withdrawn from consideration either before or after approval by the Commission. Upon approval of the request by a motion of the Commission, the Subdivision Administrator is automatically directed to remove the case file from the city records.
B. Upon written request of the subdivider to the Clerk, a final plat for which dedications, if any, have been accepted by the applicable Governing Body may be vacated by motion of such Governing Body; provided, that (1) the plat has not been recorded; (2) no lots have been sold or transferred; and (3) no improvements have been installed. After the plat is vacated, the Administrator shall see that all fiscal sureties are returned to the subdivider except for those expenditures which have been incurred by the City or county in administrative, legal or engineering costs prior to the date of the request for vacation. Upon the return of such sureties, the Administrator is automatically directed to remove the case file including any petitions from the city records.
C. Upon determining from the County Register of Deeds that a final plat has not been recorded within 60 days from its final acceptance by the Governing Body or within 15 days after a final acceptance by the County Governing Body under the preconstruction procedures of Section 7-104C, the Administrator shall notify the subdivider that the plat is null and void and that the case file will be removed from the City records within 30 days unless a reapplication for platting is received during that time. (See Section 4-112 for Recording of Final Plat.)
A. (Inside the City or in the extraterritorial subdivision jurisdiction area.) Recorded plats may be vacated by either replatting according to Section 10-101A1 below or directly vacated according to Section 10-101A2:
1. According to K.S.A. 12-512b, any recorded plat or part thereof or street, alley or other public reservation, including, without limitation, easements, dedicated building setback lines and access control, whether established by instrument, condemnation or earlier plats, shall be vacated both as to use and as to title without any further proceedings upon the filing and recording with the County Register if Deeds in accordance with K.S.A. 12-403, any plat or replat duly executed in accordance with these regulations which embraces the same lands as those heretofore embraced by the earlier plat or part thereof or street, alley or other public reservation. Streets, alleys or other public reservations which may be vacated shall revert, as provided for in K.S.A. 12-506, to abutting property owners according to their frontage thereon; provided, that such land to be reverted was derived directly or indirectly from the owner of the land from which such street, alley or public reservation was originally platted. The proper completion of the Owner’s Certificate and Dedication as required by Section 5-101Q2 shall constitute appropriate notice to all persons having property rights or interests affected by the above platting or replatting.
2. Recorded plats may also be vacated without replatting. The procedure is the same as provided for in Section 10-103.
A. According to K.S.A. 12-420, procedures are provided to correct certain platting errors. If, after recording a final plat, an error is found in distances, angles, bearings, subdivision or street names, block or lot numbers, the computation of dimension or elevation or other details of the plat, except in connection with the outer boundaries of the plat, and if the property descried in tat part of the plat containing the error is under the ownership of the person who caused the plat to be prepared, the applicable City or County Engineer, after substantiation of the existence of the error, may file an affidavit with the county Register of Deeds that the error was made. The affidavit shall describe the nature and extent of the error and the appropriate correction. The Register of Deeds shall record the affidavit and shall place in the margin of the recorded plat a notation that the affidavit has been filed, the date of filing and the book and page where it is recorded. The filling of the affidavit shall correct any such errors, but shall have no effect on the validity of the plat or any property interest recorded by reference thereto. A copy of the recorded affidavit shall be filed with the Subdivision Administrator. The county will bill the person requesting the correction for engineering costs and recording fees.
A. (Inside the City only.) According to K.S.A. 12-504 and 505, the following procedures are provided to vacate streets, alleys or other public reservations such as, but not limited to public easements, dedicated building setback lines, access control, or a part thereof, and including all or parts of recorded plats:
1. Petitions for vacations may be accepted by the Subdivision Administrator from the Governing Body, the owner of platted land or the owner of land adjoining on both sides of any street, alley, easement or other public reservation. All nongovernmental petitioners will be billed a processing fee. (See Section 3-109 for fees.) the Clerk on behalf of the Governing Body shall give public notices for two consecutive weeks (no longer state statute) in the city newspaper. Such notice shall state the nature of the vacation petition; the legal description of the property and the date, time and place for the hearing before the Governing Body. The hearing may be adjourned from time to time and place for the hearing before the Governing Body. The hearing may be adjourned from time to time upon a motion to continue in the future at some stated date, time and place. If the Governing Body determines from the testimony presented that:
a. Due and legal notice has been given’
b. No private rights will be injured or endangered;
c. The public will suffer no loss or inconvenience; and
d. In justice to the petitioner(s) the vacation should be granted;
Then the Governing Body shall order that such vacation be approved and entered at length in the minutes. Such order may provide for the reservation to the City and/or the owners of any lesser property rights for public utilities, rights-of-way and easements for public service facilities originally located in such vacated land or planned for the future. Furthermore, the approval may be conditioned upon the petitioner’s responsibility to remove or relocate all underground or surface utilities or paving in or on the vacated land. The petition shall not be approved if a written objection is filed with the Clerk, at or before the hearing, by any owner who would be a proper party to the petition, but has not joined therein. The Clerk shall certify a copy o the order to the County Register of Deeds; however, such certification shall be withheld until such time as any conditions attached to the order have been satisfied.
The Register of Deeds shall note on the recorded plat of the “townsite,” i.e., the city, or the applicable platted addition, the words, “canceled by order” or “canceled in part by order” and give the book and page where recorded.
2. Prior to the above hearing by the Governing Body, the Planning Commission shall hold a public hearing to consider a recommendation to the Governing Body as to whether the vacation should be approved or disapproved and with or without conditions attached. The Commission by rule shall mail a notice 10 days before the hearing to all affected utility providers; all owners of and proposed for vacation; all landowners abutting a street, alley or easement including any segment remaining open; and owners on the opposite side of the street from vacations of setback and access control. The petitioner(s) shall provide a list of such landowners as required by the Subdivision Administrator, including names, addresses and zip codes. The Planning commission shall announce at their hearing when the Governing Body will hold its hearing on the vacation.
B. (Inside the City only.) According to K.S.A. 14-423 and 423a, the following procedures are also provided to vacate streets, avenues, alleys or lanes, and including all or part of recorded plats, but not to include public easements, dedicated building setback lines or access control:
1. Petitions for vacations may be accepted by the Subdivision Administrator from any person or governmental agency. All nongovernmental petitions will be billed a processing fee. (See Section 3-109 for Fees.) The Governing Body shall consider such vacation on its agenda and may make inquiry to any person, staff, utility provider or governmental agency it desires in order to determine the desirability of the vacation. No public hearing is required. If approved, the City Clerk shall publish the effectuating ordinance. Immediately upon publication, the City Clerk shall file a certified copy with the County Clerk to enter on the transfer records and then record the ordinance with the County Register of Deeds. No fee shall be charged by either office. The ordinance shall provide that the vacation shall become effective 30 days after publication unless one or more interested parties file a written protest with the City clerk before the expiration time. If such a protest is made, the Governing Body shall set a hearing date 10 days after the end of the 30-day waiting period and the protester(s) notified. The hearing may be continued from time to time and at the conclusion the Governing Body shall adopt a resolution confirming the vacation ordinance and filing the same with the county Clerk and Register of Deeds as before. If the resolution is not adopted, the vacation ordinance shall become null and void and the County Clerk and Register of Deeds so notified. Whenever a street, avenue, alley or lane is vacated whether in plat or not, the same shall revert to the adjacent owners in proportion to their frontage or proportion as to how it was acquired.
2. Prior to the initial consideration by the Governing Body, the planning Commission shall hold a public hearing and give notice in the same manner as provided for in Section 10-103A2.
C. (In the extraterritorial subdivision jurisdiction area only.) According to K.S.A. 58-2613 through 2615, the following procedures are provided to vacate streets, alleys, public easements or public reservations, e.g., building setback lines and access control, and including all or parts of recorded plats:
1. The owners of any platted land proposed for vacation or the adjoining owners on both sides of any street, alley, public reservations, e.g., building setback lines and access control, and including all or parts of recorded plats:
a. Due and regular notices have been given;
b. The public will suffer no loss or inconvenience; and
c. No private rights will be injured or endangered; then the Commissioners shall order such vacation be made and entered in the minutes of the proceedings. No such vacation shall be granted; however, if the Governing Body protests against such vacation. Such order shall protect and provide for the property rights of public utilities, rights-of-way and easements for public service facilities in existence and use. The County Clerk shall record a certified copy of the order with the county Register of Deeds. The petitioner shall pay the clerk for the cost of recording. (See Section 3-109 for Fees.)
2. Prior to the above hearing by the Board of County Commissioners, the Planning Commission shall hold a public hearing to consider a recommendation to the Governing Body as to whether the vacation should be recommended for approval with or without conditions attached by the County Commissioners or protested against. The Commission by rule shall mail a notice 10 days before the hearing to all affected utility providers; all owners of land proposed for vacation; all landowners abutting a street, alley or easement including any segment remaining open; owners on the opposite side of the street from vacations of setbacks and access control; and the County Engineer. The petitioner(s) shall provide a list of such landowners as required by the Subdivision Administrator, including names, addresses and zip codes. The Planning Commission shall announce at the hearing when the Governing Body will consider the vacation and, if available, the date, time and place of the County Commissioners; hearing. Unless the Governing Body deems it desirable to protest the vacation, a resolution shall be adopted to recommend the vacation to the County Commissioners which may or may not be subject to conditions. If conditions are required, the city Clerk shall refrain from certifying the resolution until such time as the conditions are satisfied. After certification, the City Clerk will provide the petitioner with a copy of the resolution.