Clay County Commission approves vacation of 60-foot right-of-way in White Ridge Estates with revised deed split

The Clay County Commission on Jan. 22 voted unanimously to vacate a 60-foot platted right-of-way in the White Ridge Estates subdivision, approving a revised deed split that will transfer 35 feet to the Koehlers and 25 feet to the Aldens.

The request, introduced by Planning Director Kip Jones, asked the commission to vacate a paper right-of-way that was platted in the 1980s between two narrow lots. Jones said staff had provided legal notice, mailed adjacent-owner letters and posted signage; he told the commission there was no recorded opposition and that planning staff had received a petition of neighbor support. He also said Road & Bridge raised no objection and that Planning & Zoning had recommended approval with two conditions: that the resolution be recorded with deeds and that the property owners replat to absorb the ROW into their lots.

Randall Crawford, attorney for the applicants, described long-term neighborhood maintenance of the green space and said the Cullars and the Aldens prefer to keep the area as a green space for wildlife and neighborhood enjoyment. Crawford asked the commission to remove the Planning & Zoning condition requiring replatting and instead record deeds and a private easement. “That property has been used for the past several years by Brown Excavating,” Crawford said. “It’s being entirely cleaned up at pretty good expense to them.”

Commissioners questioned the cost and timing of a replat. Jones said the principal expense would be surveying and estimated non-survey fees around $1,500, and noted the county’s land development code flags lots without required access and withholds building permits until the issue is resolved. Commissioners discussed whether the replat should be required now or deferred until the owners choose to sell or develop the property.

Commissioner Johnson moved to approve the vacation with the removal of the existing Planning & Zoning condition requiring replatting and to replace it with a condition that the county deed a 35-foot portion to the Koehlers and 25 feet to the Aldens, to be recorded with the resolution. The commission approved the motion by voice vote, 5-0.

The commission’s action requires the county to record deeds reflecting the nonstandard split; Planning Director Kip Jones said the deeds will be recorded at the same time as the resolution. Applicants indicated they can provide a written agreement documenting the alternate split.

The decision closes the formal review of the vacation request, while the county’s land development code remains the mechanism to address any future flagged-lot issues if development or a change in ownership occurs.