ORDINANCE NUMBER 23-11176
AN ORDINANCE ORDERING THE VACATION OF PORTIONS OF A FIFTY-FIVE FOOT PUBLIC DRAINAGE EASEMENT, LEAVING IN PLACE A TWENTY-FOOT PORTION THEREOF, ON LOTS EIGHTEEN AND NINETEEN, BLOCK FOUR, IN THE STONE LAKE 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 September 25, 2023 the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by Kelly Dunn, Craig Piercy and Tod Roberg on behalf of Stone Lake Development, LLC ("Petitioner"), requesting vacation of the following described portion of a drainage easement (the “Vacated Portions of a Drainage Easement”).
Drainage Easement
Portions of a fifty-five foot (55’) drainage easement more particularly described as follows:
A tract of land located in Lot 18 and Lot 19, Block 4, Stone Lake Addition, City of Salina, Saline County, Kansas and more particularly described as follows: (description written by John F. Harvey, P.S. 1426, on September 11th, 2023)
Commencing at the Northwest corner of said Lot 19; thence on the north line of said Lot 19 on a platted bearing of North 55° 43' 45" East, a distance of 15.33 feet to the platted utility easement line and Point of Beginning; thence South 46° 10' 38" East on said utility easement line a distance of 28.1 feet to the South line of the platted drainage easement; thence North 55° 43' 45" East on said drainage easement line, a distance of 248.06 feet to the East line of said Lot 19; thence North 45° 48' 52" West on the East line of said Lot 19, a distance of 9.85 feet; thence South 61° 10' 16" West, a distance of 254.34 feet to the platted utility easement line; thence on the utility easement a curve to the left with a chord direction of South 45° 54' 56" East, a chord distance of 3.24 feet and a radius of 355.00 feet; thence South 46° 10' 38" East on the utility easement line, a distance of 3.16 feet to the Point of Beginning. Said tract contains 5,386 square feet more or less.
AND
A tract of land located in Lot 18, Block 4, Stone Lake Addition, City of Salina, Saline County, Kansas and more particularly described as follows: (description written by John F. Harvey, P.S. 1426 on September 11th, 2023)
Commencing at the Southwest corner of said Lot 18; thence on the West Boundary of said Lot 18, a curve to the right, on an assumed chord bearing of North 43° 57' 55" West, a chord distance of 28.56 feet, and a radius of 370.00 feet; thence North 61° 10' 16" East, a distance of 15.41 feet to the platted utility easement and the Point of Beginning; thence North 61° 10' 16" East, a distance of 253.65 feet to the east line of said Lot 18; thence North 45° 48' 52" West on the East line of said Lot 18, a distance of 25.38 feet to the North line of the platted drainage; thence South 55° 43' 45" West on the North line of the platted drainage easement, a distance of 247.54 feet to the platted utility easement; thence on the platted utility easement, a curve to the left, with a chord bearing of South 42° 14' 37" East, a chord distance of 0.82 feet and a radius of 355.00 feet to the Point of Beginning. Said tract contains 3,396 square feet more or less.
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 Vacated Portions of a Drainage Easement because it is exclusively a drainage easement and no public or franchise utilities are located within this easement. A portion of the easement will be retained and continue to function as a drainage easement.
(C) No private rights will be injured or endangered because vacation of the Vacated Portions of a Drainage Easement will not affect any other properties or property owners besides the Petitioner.
(D) That in justice to the Petitioner, vacation of the Vacated Portions of a Drainage Easement should be granted because the original fifty-five foot (55’) easement width no longer serves a public purpose and is inhibiting future construction on Lots 18 and 19, Block 4 of Stone Lake Addition.
(E) The public interest is promoted by the vacation of the Vacated Portions of a Drainage Easement because it would facilitate the use of Lots 18 and 19 as residential building lots.
Section 3. Order of Vacation. The Vacated Portions of a Drainage 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 the Vacated Portions of a Drainage Easement relates to the tract of real property described as Lots 18 and 19, Block 4 in the Stone Lake Addition to 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. 23-11176 Summary
On October 2, 2023, the City of Salina, Kansas, passed Ordinance No. 23-11176. The ordinance vacates a portion of a fifty-five foot (55’) drainage easement located on Lots 18 and 19, Block 4 in the Stone Lake Addition which contains a storm pipeline instead of the originally designed drainage swale. 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: September 25, 2023
Passed: October 2, 2023
Michael L. Hoppock, Mayor
[SEAL]
ATTEST:
Nikki Goding, City Clerk
The publication summary set forth above is certified this 4th day of October, 2023.
_______________________________
Greg A. Bengtson, City Attorney