ORDINANCE NUMBER 15-10807
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TWENTY FOOT (20’) UTILITY EASEMENT LOCATED ON THE WEST EIGHTY EIGHT FEET (88) OF THE NORTH TWENTY (20) FEET OF LOT SEVENTEEN (17), BLOCK TWELVE (12) OF THE PACIFIC 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 October 12, 2015 the governing body conducted a public hearing (“Public Hearing”) on the petition filed by Pat Beatty on behalf of the OPG Land Development, LLC ("Petitioner") requesting vacation of the following described utility easement:
The West Eighty Eight feet (88) of the North Twenty (20) feet of Lot Seventeen (17), Block Twelve (12), Pacific Addition to the City of Salina, Saline County, Kansas.
The requested utility easement vacation will allow construction of Phase II of the Heritage at Hawthorne Village Apartments.
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 location no longer serves a public purpose and prevents the construction of a third apartment building.
(E) The public interest is promoted by the vacation of the public utility easement because it would allow the petitioner to construct a third sixteen (16) unit apartment building on the property.
Section 3. Order of Vacation. The above described twenty foot (20’) utility easement located on Lot Seventeen (17), Block Twelve (12) of Pacific 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 Lot Seventeen (17), Block Twelve (12) of Pacific 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. 15-10807 Summary
On October 19, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10807. The ordinance vacates a twenty foot (20’) public utility easement located on Lot Seventeen (17), Block Twelve (12) of the Pacific 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 6. 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: October 12, 2015
Passed: October 19, 2015
Jon R. Blanchard, Mayor
Jason Gage, City Manager
Certification of Publication Summary:
Greg A. Bengtson, City Attorney