ORDINANCE NUMBER 16-10869
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY FOOT (20’) UTILITY EASEMENT LOCATED IN LOT ONE (1), BLOCK ONE (1) OF WHITTIER SCHOOL ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Petition and Public Hearing. On November 28, 2016 the governing body conducted a public hearing (“Public Hearing”) on the petition filed by J Vosseller on behalf of the USD No. 305 Board of Education ("Petitioner") requesting vacation of the following described portion of a utility easement:
A portion of Lot 1, Block 1, Whittier School Addition, a replat of a portion of Phillips Third Addition to the City of Salina, Saline County, Kansas, being more particularly described as follows:
Commencing at the southeast corner of said Lot 1; Thence N 00’25’21” E on the east line of said Lot 1, a distance of 372.48 feet to the intersection of said east line and the prolongation of the north line of a platted 20 foot utility easement; Thence S 89’44’18” W on said prolongation of the north easement line, a distance of 42.91 feet to the point of beginning; Thence S 00’15’42” E a distance of 13.86 feet; Thence S 89’44’18” W a distance of 46.63 feet; Thence N 00’15’42” W a distance of 13.86 feet to a point on said north easement line; Thence N 89’44’18” E on said north easement line, a distance of 46.63 feet to the point of beginning.
Section 2. Findings and Conclusions. The governing body determines from the evidence presented:
(A) Due and legal notice has been given by publication as required by law.
(B) The public will suffer no loss or inconvenience by the vacation of the utility easement location because the portion of easement contains a public water main and the water main is being relocated. No other public or franchise utilities are located in the twenty foot (20’) easement.
(C) No private rights will be injured or endangered because the relocated water main only serves the Cottonwood School building.
(D) That in justice to the Petitioner vacation of the utility easement should be granted because the continued presence of a public utility easement no longer serves a public purpose due to the relocation of the water main.
(E) The public interest is promoted by the vacation of the public utility easement because it would allow the petitioner to construct and maintain a storage building to provide weather protected storage for Cottonwood School.
Section 3. Order of Vacation. The above described portion of a twenty foot (20’) utility easement located on Lot One (1), Block One (1) of the Whittier School Addition to the City of Salina, Kansas is ordered vacated.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of utility easement relates to the tract of real property described as Lot One (1), Block One (1) of the Whittier School Addition to the City of Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 16-10869 Summary
On December 5, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10869. The ordinance vacates a portion of a twenty foot (20’) public utility easement on Lot 1, Block 1 of the Whittier School Addition (Cottonwood Elementary School) which no longer contains any public utilities. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Section 6. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper.
Introduced: November 28, 2016
Passed: December 5, 2016
Kaye J. Crawford, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney