ORDINANCE NUMBER 25-11234
AN ORDINANCE ORDERING THE VACATION OF PORTIONS OF A TWENTY-FOOT-WIDE NORTH-SOUTH PUBLIC UTILITY EASEMENT LOCATED ON LOT 2 AND THE COMMON LOT LINE BETWEEN LOTS 4 AND 5, BLOCK 15 OF THE SCHILLING SUBDIVISION NO. 5 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 February 24, 2025 the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by Stephanie Karlin on behalf of the Salina Airport Authority ("Petitioner") requesting vacation of the following described public utility easement:
Portions of a twenty-foot (20’) wide north-south public utility easement more particularly described as follows:
All that part of Lot Two (2), Block Fifteen (15), Schilling Subdivision Number Five (5), located in the Northeast One-Quarter (1/4) of Section Three (3), Township Fifteen (15) South, Range Three (3) West of the Sixth (6th) Principal Meridian, lying in Saline County, Kansas, being a Twenty (20) feet wide corridor more particularly described as follows:
Commencing at the Northeast corner of Lot Five (5), in said Block Fifteen (15), from which the Southwest corner of said Lot Two (2) bears S 89° 56' 07" W a distance of 229.69 feet;
Thence N 44° 11' 47" W a distance of 13.93 feet to the intersection of the North line of an existing utility easement and the West line of an existing utility easement, said point also being the Point of Beginning;
Thence N 01° 37' 05" E, along said West line and said West line Extended, a distance of 273.63 feet to the South line of an existing utility easement;
Thence N 89° 53' 13" E, along said South line extended, a distance of 20.01 feet to the East line of an existing utility easement;
Thence S 01° 37' 05" W, along said East line, a distance of 273.65 feet to the North line of an existing utility easement;
Thence S 89° 56' 07" W, along said North line extended, a distance of 20.01 feet to the Point of
Beginning;
Said tract contains 5,473 square feet or 0.13 acres, more or less.
Legal description prepared by a licensed land surveyor, Kirk R. Baldwin, LS-1365 on 01/06/2025; and
All that part of Lot Four (4) and Lot Five (5), all in Block Fifteen (15), Schilling Subdivision Number Five (5), located in the Northeast One-Quarter (1/4) of Section Three (3), Township Fifteen (15) South, Range Three (3) West of the Sixth (6th) Principal Meridian, lying in Saline County, Kansas, being a Twenty (20) feet wide corridor more particularly described as follows:
Commencing at the Northeast corner of said Lot Five (5), from which the Southwest corner of Lot Two (2), in said Block Fifteen (15), bears S 89° 56' 07" W a distance of 229.69 feet;
Thence S 45° 03' 53" E a distance of 14.14 feet to the intersection of the South line of an existing utility easement and the East line of an existing utility easement, said point also being the Point of Beginning;
Thence S 00° 03' 53" E, along said East line, a distance of 267.35 feet to a point on the Southwest line of said Lot Four (4);
Thence S 89° 56' 07" W, leaving said Southwest line, a distance of 20.00 feet to a point on the West line of an Existing utility easement;
Thence N 00° 03' 53" W, along said West line, a distance of 267.35 feet to the South line of an existing utility easement;
Thence N 89° 56' 07" E, along said South line extended, a distance of 20.00 feet to the Point of
Beginning;
Said tract contains 5,347 square feet or 0.12 acres, more or less.
Legal description prepared by a licensed land surveyor, Kirk R. Baldwin, LS-1365 on 01/06/2025. (the “Utility Easement”).
The requested utility easement vacation will allow construction of an addition onto the rear of the Salina Regional Airport terminal building by the Petitioner.
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 portions of the Utility Easement because no public or franchise utilities are currently located in the easement being requested for vacation.
(C) No private rights will be injured or endangered because vacation of portions of the Utility Easement will not affect any other properties or property owners.
(D) That in justice to the Petitioner vacation of portions of the Utility Easement should be granted because the continued presence of the public utility easement no longer serves a public purpose and is inhibiting construction of an addition to the Salina Regional Airport terminal building by the Petitioner.
(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 Lot 2 and Lots 4 and 5, Block 15 in Schilling Subdivision No. 5 in 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: February 24, 2025
Greg Lenkiewicz, Mayor
ATTEST:
Nikki Goding, City Clerk