ORDINANCE NUMBER 13-10725
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A THIRTY-FIVE FOOT (35’) UTILITY EASEMENT LOCATED ON LOT SIXTEEN (16), BLOCK ONE (1) OF THE REPLAT OF PHEASANT RIDGE 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 November 18, 2013 the governing body conducted a public hearing (“Public Hearing”) on the petition filed by Dan Stack, City Engineer on behalf of the City of Salina ("Petitioner") requesting vacation of the following described utility easement:
The South Twenty-Five (25’) of the East Ninety-five Feet (95’) of a Thirty-five foot utility easement located on Lot Sixteen (16), Block One (1), of the Replat of the Pheasant Ridge Addition to the City of Salina, Saline County, Kansas.
Section 2. Findings and Conclusions. The governing body determines from the evidence presented:
Due and legal notice has been given by publication as required by law.
||The public will suffer no loss or inconvenience by the vacation of a portion of the utility easement because the easement formerly contained a sanitary sewer pump station that served the Replat of Pheasant Ridge Addition and the pump station has been relocated to Prairie Lane in Pheasant Ridge Addition No. 2. No other public or franchise utilities are located in the South Twenty-five feet (25’) of the East Ninety-five feet (95’) of the easement.
No private rights will be injured or endangered by the vacation because the relocated pump station provides sewer service to the existing lots in the Replat of Pheasant Ridge Addition.
That in justice to the Petitioner vacation of a portion of the thirty-five foot (35’) utility easement should be granted because the continued presence of a thirty-five foot (35’) public utility easement no longer serves a public purpose due to the relocation of the pump station and the continued presence of a thirty-five foot (35’) wide utility easement impairs the potential sale and use of Lot Sixteen (16) for residential purposes.
The public interest is promoted by the vacation of the public utility easement because it would allow the petitioner to sell Lot Sixteen (16) and put it back into its original intended use as a residential building lot.
Section 3. Order of Vacation. That the South Twenty-five feet (25’) of the East Ninety-five feet (95’) of the Thirty-five foot (35’) utility easement located on Lot Sixteen (16), Block One (1) of the Replat of Pheasant Ridge Addition to the City of Salina, Kansas is ordered vacated.
Section 4. Retention of Utility/Drainage Easement and Utility Easement. The West Twenty-five Feet (25’) of the above described easement is being retained as a Utility/Drainage Easement and the North Ten foot (10’) of the East Ninety-five (95’) of the above described easement is being retained as a public utility easement.
Section 5. 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 Sixteen (16), Block One (1) in the Replat Pheasant Ridge Addition to the City of Salina, Saline County, Kansas.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 13-10725 Summary
On November 25, 2013, the City of Salina, Kansas, passed Ordinance No. 13-10725. The ordinance vacates a portion of a thirty-five (35’) public utility easement on Lot Sixteen (16), Block One (1) of the Replat of Pheasant Ridge 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 7. Effective Date. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper.
Introduced: November 18, 2013
Passed: November 25, 2013