News Releases

1/28/2014 - Ordinance 14-10726 Vacation Utility Easment in the Replat of Schippel Addition and King Addition

ORDINANCE NUMBER 14-10726

AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A TEN (10) FOOT UTILITY EASEMENT LOCATED ON LOT EIGHT (8), BLOCK FOUR (4) IN THE REPLAT OF SCHIPPEL ADDITION BLOCKS FOUR(4) AND FIVE (5) AND PART OF THREE (3) AND THE WEST TEN (10) FEET OF A THIRTY-TWO (32) FOOT UTILITY EASEMENT LOCATED ON LOT FIVE (5), BLOCK ONE (1) OF THE KING 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 January 6, 2014 the governing body conducted a public hearing (“Public Hearing”) on the petition filed by Karen Young on behalf of TC Vets, LLC ("Petitioner") requesting vacation of the following described utility easements:

A part of an existing utility easement located in Lot Eight (8), Block Four (4), Replat of Schippel Addition Blocks 4, 5 & Part of 3, of the City of Salina, Saline County, Kansas and more particularly described as:  The west nine (9) feet of the ten (10) foot utility easement that abuts the east line of said Lot 8, except the south one hundred thirteen and twenty-seven hundredths (113.27) feet thereof; and the ten (10) foot utility easement that abuts the north line of said Lot 8, except the east one (1) foot thereof; and  the West Ten (10) feet of the existing Thirty-two (32) foot sanitary sewer easement that is located in Lot 5, Block 1, King Addition to the City of Salina, Saline County, Kansas.

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 easements because no public or franchise utilities are located in the portions of utility easement which are being requested to be vacated.

(C) No private rights will be injured or endangered by the vacation because the subject property and adjacent property will still be served by public and franchise utilities. 

(D) That in justice to the Petitioner vacation of the east-west utility easement and a portion of the north-south utility easement should be granted because the continued presence of these utility easements no longer serves a public purpose because there are no franchise or public utility lines located within these easement areas and the utility presence of the easements prevents the potential expansion of a small animal hospital.

(E) The public interest is promoted by the vacation of these public utility easements because it would allow the Petitioner to expand her small animal hospital on to Lot 5, Block 1 of the King Addition.

Section 3.  Order of Vacation.  A part of an existing utility easement located in Lot Eight (8), Block Four (4), Replat of Schippel Addition Blocks 4, 5 & Part of 3, of the City of Salina, Saline County, Kansas and more particularly described as:  The west nine (9) feet of the ten (10) foot utility easement that abuts the east line of said Lot 8, except the south one hundred thirteen and twenty-seven hundredths (113.27) feet thereof; and the ten (10) foot utility easement that abuts the north line of said Lot 8, except the east one (1) foot thereof; and  the West Ten (10) feet of the existing Thirty-two (32) foot sanitary sewer easement that is located in Lot 5, Block 1, King Addition to the City of Salina, Saline County, Kansas.

Section 4.  Recording.   For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of utility easements relates to the tract of real property described as Lot Eight (8), Block Four (4) in the Replat of the Schippel Addition Blocks Four (4), Five (5) and Part of Three (3) and Lot Five (5), Block One (1) of the King Addition to the City of Salina, Saline County, Kansas.

Section 5.  Effective Date.  That this ordinance shall be in full force and effect from and after its adoption and summary publication once in the official city newspaper.

Section 6.  Summary of ordinance for publication.   This ordinance shall be published by the following summary:
      Ordinance No. 14-10726 Summary
On January 27, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10726. The ordinance vacates a ten foot (10’) public utility easement located on Lot Eight (8), Block Four (4) in the Replat of Schippel Addition Blocks Four (4), Five (5), and Part of Three (3) and the West Ten feet (10’) of a Thirty-two foot (32’) public utility easement located on Lot Five (5), Block One (1) of the King Addition which do not contain any public or franchise 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.

Introduced:  January 6, 2014
Passed:        January 27, 2014

Barbara V. Shirley, Mayor
[SEAL]
ATTEST:

Shandi Wicks, CMC, Interim City Clerk