ORDINANCE NUMBER 26-11288
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT LOCATED ON LOT 8, BLOCK 1 OF THE SCHILLING SUBDIVISION NO. 3 ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS AND THE VACATION OF A UTILITY EASEMENT LOCATED ON LOTS 12 AND 13, BLOCK 1 OF THE SCHILLING SUBDIVISION NO. 3 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 July 27, 2026, the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by Rene Leiker ("Petitioner") on behalf of Kansas State University Salina requesting the vacation of a portion of a 100 ft. platted utility easement located in Lot 8, Block 1, Schilling Subdivision No. 3 to the City of Salina, Saline County, Kansas and the vacation of a platted 30 ft. utility easement lying in portions of Lots 12 and 13, Block 1, Schilling Subdivision No. 3 to the City of Salina, Saline County, Kansas as depicted on the attached exhibit. The requested utility easement vacation will allow construction of a new structure and private utility lines 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 this portion of the public utility easement because there are no existing public or franchise utilities located in this portion of the easement.
(C) No private rights will be injured or endangered because vacation of this public utility easements would only impact the Petitioner’s property. The Petitioner owns the lot impacted by this easement, and represents the only lot affected by this request.
(D) In justice to the Petitioner, vacation of this public utility easement should be granted because the continued presence of this portion of the easement is inhibiting the Petitioner’s ability to construct a new detached garage structure in the desired location.
(E) The public interest is promoted by the vacation of this portion of the public utility easement because the presence of this portion of the utility easement no longer serves a public purpose.
Section 3. Order of Vacation. This portion of 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 portion of a Utility Easement relates to the tract of real property described as Lot 8, Block 1, Schilling Subdivision No. 3 to the City of Salina, Saline County, Kansas and Lots 12 and 13, Block 1, Schilling Subdivision No. 3 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: July 27, 2026
Signed: July 30, 2026
Michael L. Hoppock, Mayor
ATTEST:
Nikki Goding, City Clerk