ORDINANCE NUMBER 16-10820
AN ORDINANCE ORDERING THE VACATION OF PORTIONS OF A NORTH-SOUTH PUBLIC UTILITY EASEMENT AND ALLEY LOCATED ON THE BLOCK BORDERED BY NORTH FOURTH STREET ON THE EAST, EAST IRON AVENUE ON THE SOUTH, NORTH FIFTH STREET ON THE WEST, AND ASH STREET ON THE NORTH 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 February 22, 2016 the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by Steve Hardesty, Interim Director of Parks and Recreation on behalf of the City of Salina ("Petitioner"), requesting vacation of the following described portions of a utility easement and platted alley:
A tract of land that is located in the vacated ten foot (10’) Alley that abuts Lot 89, Lot 91, Lot 93, Lot 95, Lot 97, and Lot 99 on Fifth Street; and Lot 90, Lot 92, Lot 94, Lot 96, Lot 98, and Lot 100 on Fourth Street, all in the Original Town of Salina, Saline County, Kansas. Said tract being more particularly described as follows:
Commencing at the southeast corner of said Lot 99; Thence on an assumed bearing of North 00°10' 00" East on the west line of said vacated Alley, a distance of 10.00 feet to the north line of the utility easement that is recorded in the Saline County Register of Deeds’ Book 1280, Page 1499, and the Point of Beginning; Thence North 00°10' 00" East on the west line of said vacated Alley, a distance of 267.54 feet to the north line of the vacated Alley; Thence North 89° 57' 59” East on the north line of said vacated Alley, a distance of 10.00 feet to the east line of said vacated Alley; Thence South 00° 10' 00" West on the east line of said vacated Alley, a distance of 267.58 feet to the north line of the utility easement that is recorded in the Saline County Register of Deeds’ Book 1280, Page 1499; Thence North 89° 48' 51" West, a distance of 10.00 feet to the Point of Beginning. (“Utility Easement”)
The platted ten foot (10’) north-south alley that is between North Fourth Street and North Fifth Street, and between East Iron Avenue and East Ash Street all in the Original Town of Salina, Saline County, Kansas, less the South 475 feet thereof (“Alley Right-of-Way”).
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 Utility Easement and Alley Right-of-Way because existing water, sanitary sewer and electric lines are being relocated and no other public or franchise utilities are located in the Utility Easement or Alley Right-of-Way. The Alley Right-of-Way is no longer needed for vehicle access.
(C) No private rights will be injured or endangered because vacation of the Utility Easement and Alley Right-of-Way will not affect any other properties or property owners.
(D) That in justice to the Petitioner vacation of the Utility Easement and Alley Right-of-Way should be granted because the continued presence of the public utility easement and alley no longer serves a public purpose and is inhibiting construction of a needed public recreation center on this site.
(E) The public interest is promoted by the vacation of the Utility Easement and Alley Right-of-Way because it would allow the petitioner to construct a new public recreation center on this site.
Section 3. Order of Vacation. The Utility Easement and Alley Right-of-Way are 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 the Utility Easement and Alley Right-of-Way relates to the tract of real property described as Lots 80 through 100 on Fourth Street and Lots 81-99 on Fifth Street in the Original Town (Now City) of Salina, Saline County, Kansas.
Section 5. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 16-10820 Summary
On March 7, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10820. The ordinance vacates a portion of a public utility easement and alley located in the block bordered by North Fourth Street on the east, East Iron Avenue on the south, North Fifth Street on the west and East Ash Street on the north which no longer contain 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: February 22, 2016
Passed: March 7, 2016
Jon R. Blanchard, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney