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Kimball board for Hillcrest Lane abandonment process to begin

Posted on Friday, October 4, 2024 at 7:57 pm

 

At the Kimball board of Mayor and Alderman meeting, the board discussed the potential abandonment of a portion of Hillcrest Lane to facilitate a retail business development and the process that will occur as a result.

The developer and property owners approached Mayor Rex Pesnell to request that the city relinquish control of Hillcrest Lane. This would give them the necessary space for their upcoming business project.

The property in question extends across Hillcrest Lane and borders the town of Kimball. Initially, Hillcrest Lane was created as private access to another property, which later became public. The developers now seek to revert the lane back to private ownership.

An audience member raised a question regarding potential infringements on private property. Attorney Gouger provided clarity by referencing the county’s tax map and explaining that Hillcrest Lane lies entirely on land that originally belonged to the private landowner. The lane was established by Yap Killian to provide access to his property before becoming Hillcrest Lane.

Attorney Gouger further explained that in a typical abandonment, the town would receive half of the right of way. However, in this case, since the town’s property line ends at the east right-of-way of Hillcrest, the entire lane would revert to the private landowner if abandoned. Attorney Gouger also noted that affected property owners would be notified as part of the legal process, and any property owner who feels negatively impacted by the decision could raise a claim.

Questions arose from the board and audience, including concerns about relocating the road and the presence of a water line. Mayor Pesnell emphasized that the developers needed a decision to proceed with their plans, which involve a potential revenue-generating project requiring approximately 25 parking spaces.

The board agreed that a solid commitment was necessary to move forward. Attorney Attorney Gouger confirmed that approval of the abandonment could be contingent on specific details outlined in the deed.

The mayor also mentioned a BCBS grant designated for the area near Hillcrest Lane, which could affect access if the lane were abandoned. Attorney Gouger assured the board that the process could be halted at any time and that backup plans could be included in the deal.

After discussion, Alderman Matthews motioned, and Alderwoman Lofty seconded, to proceed with the abandonment process, contingent on the provisions discussed. The board unanimously approved moving forward with the initial steps.