ORDINANCE NUMBER 21-11063
AN ORDINANCE ORDERING THE VACATION OF A THIRTY-FIVE FOOT PUBLIC UTILITY EASEMENT, EXCEPT THE NORTH TEN FEET THEREOF, ON LOTS SEVEN AND EIGHT, BLOCK FIFTEEN IN SCHILLING SUBDIVISION NUMBER FIVE IN 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 June 21, 2021 the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by Elizabeth Naylor on behalf of Score Rite Properties, LLC ("Petitioner"), requesting vacation of the following described portion of a utility easement.
A portion of a thirty-five foot (35’) utility easement beginning at a point ten feet (10’) south of the north property line of Lot 7 and 8, Block 15 to a point eighty-five feet (85’) north of the the south property line of Lots 7 and 8, Block 15 of Schilling Subdivision No. 5, an addition to the City of Salina, Saline County, Kansas. (“Utility Easement”)
Section 2. Findings and Conclusions. The Governing Body determines from the evidence presented:
(A) Due and legal notice of the Public Hearing 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 because no public or franchise utilities are located within the Utility Easement. The Utility Easement has never been used for the installation of public or franchise utilities.
(C) No private rights will be injured or endangered because vacation of the Utility Easement will not affect any other properties or property owners besides the Petitioner.
(D) That in justice to the Petitioner vacation of the Utility Easement should be granted because the continued presence of the Utility Easement no longer serves a public purpose and is inhibiting construction of a new covered loading dock at the rear of the building located in Lot 8.
(E) The public interest is promoted by the vacation of the Utility Easement because it would facilitate the sale and reuse of a vacant industrial building.
Section 3. Order of Vacation. The Utility Easement is ordered vacated and shall revert in accordance with K.S.A. 13-443.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of the Utility Easement relates to the tract of real property described as Lots 7 and 8, Block 15 in Schilling Subdivision No. 5 in 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. 21-11063 Summary
On June 28, 2021, the City of Salina, Kansas, passed Ordinance No. 21-11063. The ordinance vacates a portion of a thirty-five foot (35’) utility easement located on Lots 7 and 8, Block 15 in Schilling Subdivision No.5 which has never been used for the installation of public or franchise 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 summary publication once in the official city newspaper.
Introduced: June 21, 2021
Passed: June 28, 2021
Melissa Rose Hodges, Mayor
JoVonna A. Rutherford, City Clerk
Certification of publication summary:
Greg A. Bengtson, City Attorney