9/22/2015 - Ordinance No. 15-10800 Vacation of Triplett II Utility Easement
ORDINANCE NUMBER 15-10800
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY FOOT (20’) UTILITY EASEMENT LOCATED IN LOTS TWO (2) AND FIVE (5), BLOCK ONE (1) OF TRIPLETT II 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 14, 2015 the governing body conducted a public hearing (“Public Hearing”) on the petition filed by Mark Augustine on behalf of the Rebecca Augustine Trusts ("Petitioner") requesting vacation of the following described portion of a utility easement:
A portion of Lots Two (2) and Five (5), Triplett II Addition to the City of Salina, Saline County, Kansas, described as follows:
Commencing at the Southwest corner of said Triplett II Addition; Thence N 89° 22’ 36” E on the South line of Said Triplett II Addition, a distance of four hundred five point thirty seven feet (405.31’) to the point of the beginning; thence N 00°37’24” W a distance of twenty feet (20.00’); thence N 89°22’36” E a distance of two hundred sixty two point fifteen feet (262.15’) to the west line of Lakewood School Addition; thence S 00°14’30” W on said west line, a distance of twenty feet (20.00’) to said south line; thence S. 89°22’36” W on said south line, a distance of two hundred sixty one point eight four feet (261.84’) to the Point of Beginning.
The requested utility easement vacation will allow construction of additional buildings at Citywide Self-Storage.
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 location because no public or franchise utilities are located in the twenty foot (20’) easement.
(C) No private rights will be injured or endangered because vacation of the 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 a public utility easement in this locations no longer serves a public purpose.
(E) The public interest is promoted by the vacation of the public utility easement because it would allow the petitioner to construct additional secure storage facilities on the property.
Section 3. Order of Vacation. The above described portion of a twenty foot (20’) utility easement located on Lots Two (2) and Five (5), Block One (1) of Triplett II Addition to the City of Salina, Kansas is ordered vacated.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of utility easement relates to the tract of real property described as Lots Two (2) and Five (5), Block One (1) of Triplett II Addition to the City of Salina, Saline County, Kansas.
Section 4. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 15-10800 Summary
On September 21, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10800. The ordinance vacates a twenty foot (20’) public utility easement on Lots Two (2) and Five (5), Block 1 of the Triplett II Addition which no longer contains any public utilities. 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 5. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper.
Introduced: September 14, 2015
Passed: September 21, 2015
Jon R. Blanchard, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney