Boyer Land LLC, the developer of Silver Creek Estates, is replatting a portion of Silver Creek Subdivision.  With the new plat, which will be Silver Creek Estates 2nd Filing, the streets will be realigned.  This requires a portion of Silver Creek Trail, Mountain Trail and two right of way strips between some parcels to be vacated and new right of way to be dedicated.  There have been no improvements made on this portion of right of way.  Boyer Land LLC is the original developer, therefore, the vacated right of way to be vacated is granted at no cost to the developer.  Attached is a map showing the right of way to be vacated.   This Council action acknowledges the right of way vacation application and sets a public hearing date of March 12, 2018.  The developer is proposing a minor plat eliminating the streets and lots which will be presented for approval at the March 12, 2018 City Council Meeting.  The developer will then realign the  Silver Creek Estates 2nd Filing streets and will request their approval at the April 23, 2018 City Council meeting.

The Council may:

• Acknowledge receipt of the petition to vacate the above mentioned right of way and set a public hearing for March 12, 2018; or
• Do not acknowledge the petition to vacate the right of way.  If not acknowledged, the right of way vacation cannot proceed and new amended plat will not proceed.

Since the right of way proposed to be vacated will revert to the original developer and no streets are constructed, there is no cost for the vacation.  New right of way will be dedicated to replace the vacated area.

Staff recommends that Council acknowledge receipt of the petition to vacate portions of right of way within Silver Creek Estates and set a public hearing for March 12, 2018.