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Ordinance 24-11226 Easement Vacation

Salina, KS  | Official Website News Image

11/19/2024 9:08:00 AM

ORDINANCE NUMBER 24-11226

 

AN ORDINANCE ORDERING THE VACATION OF AN EIGHT-FOOT-WIDE PUBLIC UTILITY EASEMENT LOCATED ON THE COMMON LOT LINE BETWEEN LOTS 12 AND 14, BLOCK 6 OF THE PLAT OF COUNTRY CLUB HEIGHTS 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 18, 2024, the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by Austin and Allison Walker ("Petitioners") requesting vacation of the following described public utility easement:

 

The eight-foot (8’) wide north-south public utility easement located on the common lot line between Lots 12 and 14, Block 6 of the Plat of Country Club Heights Addition to the City of Salina, Saline County, Kansas (the “Utility Easement”).

 

The requested utility easement vacation will allow construction of a backyard in ground swimming pool by the Petitioners.

 

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 in the easement being requested for vacation.   

 

(C) No private rights will be injured or endangered because vacation of the Utility Easement will only impact Petitioners’ property. The Petitioners own both lots adjacent to this easement.

 

(D) That in justice to the Petitioners vacation of the Utility Easement should be granted because the continued presence of the Utility Easement is inhibiting construction of a proposed in ground swimming pool building by the Petitioners.

 

(E)      The public interest is promoted by the vacation of the Utility Easement because there are no public or franchise utilities located within the easement area and the Utility Easement no longer serves a public purpose.

 

Section 3.  Order of Vacation.  The Utility Easement is ordered vacated and shall revert in accordance with Kansas law.

 

Section 4.  Recording.    For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of a Utility Easement relates to the tract of real property described as Lots 12 and 14, Block 6 of the Plat of Country Club Heights Addition to the City of Salina, Saline County, Kansas.


Section 5.  Publication.   The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.

 

Section 6.  Effective date. This ordinance shall be in full force and effect from and after its publication.

 

Passed:        November 18, 2024

Bill Longbine, Mayor

ATTEST:

Nikki Goding, City Clerk

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