ORDINANCE NUMBER 25-11248
AN ORDINANCE ORDERING THE VACATION OF PORTIONS OF A NORTH-SOUTH PUBLIC UTILITY EASEMENT AND A TWENTY-FOOT WIDE EAST-WEST PUBLIC UTILITY EASEMENT LOCATED ON LOT 8, BLOCK 1 OF THE SCHILLING SUBDIVISION NO. 3 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 9, 2025, the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by Ethan Erickson, Vice President of Finance and Administration of Kansas State University, on behalf of the Kansas Board of Regents ("Petitioner") requesting vacation of the following described public utility easements:
Portions of a north-south public utility easement and a twenty foot (20’) wide east-west public utility easement more particularly described as follows:
A tract of land being an existing utility easement located in Lot 8, Block 1, Schilling Subdivision No. 3, a Subdivision located in the City of Salina, Saline County, Kansas being described for vacation purposes on April 1, 2025, by Gregory Chad Weller LS-1417, of Olsson, INC. KSLS-114, as follows:
Commencing at the Northwest corner of Lot 8, Block 1, of Schilling Subdivision No. 3; thence S00°19’51”E along the West line of said Lot 8 a distance of 13.00 feet to the POINT OF BEGINNING; Thence departing said West line N89°40’05”E a distance of 57.70 feet to a point; Thence N00°19’55”W a distance of 13.00 feet to a point on the North line of said Lot 8; Thence N89°40’03”E along said North line a distance of 20.00 feet to a point; Thence departing said North line S00°19’55”E a distance of 216.22 feet to a point; Thence N89°40’05”E a distance of 20.00 feet to a point; Thence S00°19’55”E a distance of 95.92 feet to a point; Thence N89°40’05”E a distance of 213.00 feet to a point; Thence S00°19’55”E a distance of 20.00 feet to a point; Thence S89°40’05”W a distance of 233.00 feet to a point; Thence S00°19’55”E a distance of 238.53 feet to a point; Thence S89°40’05”W a distance of 20.00 feet to a point; Thence N00°19’55”W a distance of 238.53 feet to a point; Thence S89°40’05”W a distance of 57.71 feet to a point on the West line of said Lot 8; Thence N00°19’51”W along said West line a distance of 20.00 feet to a point; Thence departing said West line N89°40’05”E a distance of 57.71 feet to a point; Thence N00°19’55”W a distance of 75.92 feet to a point; Thence S89°40’05”W a distance of 57.70 feet to a point on the West line of said Lot 8; Thence N00°19’51”W along said West line a distance of 20.00 feet to a point: Thence departing said West line N89°40’05”E a distance of 57.70 feet to a point; Thence N00°19’55”W a distance of 183.22 feet to a point; Thence S89°40’05”W a distance of 57.70 feet to a point on the West line of said Lot 8; Thence N00°19’51”W a distance of 20.00 feet to the POINT OF BEGINNING, Containing 21,454 Square Feet or 0.49 Acres, More or Less (“The Utility Easement”).
The requested utility easement vacation will allow construction of the new K-AIRES 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 easements 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 these public utility easements no longer serves a public purpose and is inhibiting the Petitioner’s ability to construct a new campus facility in the desired location.
(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 8, Block 1 in Schilling Subdivision No. 3 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: June 9, 2025
Greg Lenkiewicz, Mayor
ATTEST:
Nikki Goding, City Clerk