ORDINANCE NUMBER 24-11203
AN ORDINANCE ORDERING THE VACATION OF A TEN-FOOT WIDE NORTH-SOUTH PUBLIC UTILITY EASEMENT LOCATED BETWEEN NORTH SANTA FE AVENUE AND NORH FIFTH STREET NORTH OF PINE STREET IN THE ORIGINAL TOWN (NOW 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 April 22, 2024, the Salina City Commission conducted a public hearing (“Public Hearing”) on the petition filed by Dan Kieborz on behalf of Ryan Roofing, Inc. ("Petitioner") requesting vacation of a ten-foot wide north-south public utility easement located between North Santa Fe Avenue and North Fifth Street north of Pine Street in the Original Town (now City) of Salina, Saline County, Kansas, legally described as follows:
The North-South Utility Easement that abuts a portion of Lot 6 and even numbered Lots 8-18 on Fifth Street and a portion of Lot 5 and odd numbered Lots 7-17 on Santa Fe Avenue in the Original Town (now City) of Salina, Saline County, Kansas (the “Utility Easement”)
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 this Utility Easement because this easement does not contain any public or franchise utility lines.
(C) No private rights will be injured or endangered because vacation of this Utility Easement and would only impact Ryan Roofing’s property. The Petitioner owns all property abutting the utility easement to be vacated.
(D) In justice to the Petitioner, vacation of the alley Utility Easement should be granted because the continued presence of the easement no longer serves a public purpose and is inhibiting the Petitioner’s ability to construct a building on their property.
(E) The public interest is promoted by the vacation of the alley rUtility Easement because there are no existing public or franchise utilities 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 the Utility Easement relates to the tract of real property described as:
A portion of lots 6 and even numbered Lots 8-18 on Fifth Street and a portion of Lot 5 and odd numbered Lots 7-17 on Santa Fe Avenue in the Original Town (now 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: April 22, 2024
Bill Longbine, Mayor
[SEAL]
ATTEST:
Nikki Goding, City Clerk
ORDINANCE NUMBER 24-11204
AN ORDINANCE ORDERING THE VACATION OF A TWENTY-FOOT-WIDE NORTH-SOUTH PUBLIC UTILITY EASEMENT LOCATED ON THE COMMON LOT LINE BETWEEN LOTS 3 AND 6, BLOCK 2 OF THE BROCK 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 April 22, 2024 the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by Jessica and Eric Sean Kindlesparger on behalf of JKindle, Inc. ("Petitioner") requesting vacation of the following described public utility easement:
The twenty-foot (20’) wide north-south public utility easement located on the common lot line between Lots 3 and 6, Block 2 of the Brock Addition to the City of Salina, Saline County, Kansas (the “Utility Easement”).
The requested utility easement vacation will allow development of a multi-family residential apartment building by the Petitioners.
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 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 not affect any other properties or property owners.
(D) That in justice to the Petitioner vacation 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 a proposed multi-family residential apartment 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 3 and 6, Block 2, of the Brock 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: April 22, 2024
Bill Longbine, Mayor
[SEAL]
ATTEST:
Nikki Goding, City Clerk