News Releases

12/22/2015 - Ordinance 15-10817 Utilitiy Easements in the Salina High School Central Subdivision

ORDINANCE NUMBER 15-10817

AN ORDINANCE ORDERING THE VACATION OF PORTIONS OF A THREE (3) PLATTED UTILITY EASEMENTS LOCATED IN LOT ONE (1), BLOCK ONE (1) OF THE SALINA HIGH SCHOOL CENTRAL SUBDIVISION 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 December 21, 2015 the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by William D. Hall on behalf of the USD No. 305 Board of Education ("Petitioner") requesting vacation of the following described portions of utility easements:

Easement A:
A portion of Lot One (1), Block One (1), Salina High School Central Subdivision to the City of Salina, Saline County, Kansas, described as follows:

Commencing at the Southwest corner of said Lot One (1); thence S 00°00’00” E on the West line of said Lot One (1), a distance of eight hundred six point eight zero feet (806.80’); thence N 00°00’00” E Continuing on Said West Line, a distance of twenty feet (20.00’); thence N 88°47’31” E two hundred twenty three point thirty three feet (223.33’); thence S 02°32’14” E a distance of forty point one six feet (40.16’); Thence N 88°35’42” E a distance of thirty eight point four five feet (38.45’); thence S 00°03’35” W a distance of twenty point zero one feet (20.01’); thence S 88°35’42” W a distance of fifty seven point fifty five feet (57.55’); thence N 02°32’14” W a distance of forty point twenty three feet (40.23’); thence S 88°47’31” W a distance of two hundred four point twenty one feet (204.21’) to the Point of the Beginning.

Easement B:
A portion of Lot One (1), Block One (1), Salina High School Central Subdivision to the City of Salina, Saline County, Kansas, described as follows:

Commencing at the Southwest corner of said Lot One (1); thence N 89°44’16” E on the South Line of said Lot One (1), a distance of three hundred sixty three point seven zero feet (363.70’); thence N 00°15’44” W a distance of six hundred eighty point two seven feet (680.27’) to the Point of the Beginning; thence N 39°24’39” E a distance of thirteen point thirty three feet (13.33’); thence S 00°03’12” E a distance of ten point thirty one feet (10.31’); thence N 89°58’05” W a distance of eight point four eight feet (8.48’) to the Point of Beginning.

Easement C:
A portion of Lot One (1), Block One (1), Salina High School Central Subdivision to the City of Salina, Saline County, Kansas, described as follows:

Commencing at the Southwest corner of said Lot One (1); thence N 89°44’16” E on the South Line of said Lot One (1), a distance of six hundred twenty seven point zero seven feet (627.07’); thence N 00°15’44” W a distance of seven hundred forty seven feet (747.00’) to the Point of Beginning; thence S 89°56’48” W a distance of forty seven point nine five feet (47.95’); thence N 00°04’20” E a distance of five point three one feet (5.31’); thence N 89°41’01” E a distance of one point seven six feet (1.76’) thence N 46°12’54” E a distance of thirty five point nine four feet (35.94’) thence S 33°52”45” E a distance of thirty six point three one feet (36.31’) to the Point of Beginning.

The requested utility easement vacations will allow construction of additions to Central High School.

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 portions of these three (3) utility easements because existing telecom and electric lines are being relocated and no other public or franchise utilities are located in the portions of the easements being requested for vacation.  

(C) No private rights will be injured or endangered because vacation of portions of these three (3) utility easements will not affect any other properties or property owners.

(D)  That in justice to the Petitioner vacation of portions of these three (3) utility easements should be granted because the continued presence of the public utility easements no longer serves a public purpose and are inhibiting construction of needed additions to the Central High School building.

(E) The public interest is promoted by the vacation of these three (3) public utility easements because it would allow the petitioner to construct needed additions to this existing high school facility.

Section 3. Order of Vacation.  The above described portions of three (3) utility easements located on Lot One (1), Block One (1) the Salina High School Central Subdivision, City of Salina, Kansas 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 portions of these three (3) utility easements relates to the tract of real property described as Lot One (1), Block One (1) of the Salina High School Central Subdivision, City of Salina, Saline County, Kansas.

 
Section 4.  Summary of ordinance for publication.   This ordinance shall be published by the following summary:
      

Ordinance No. 15-10817 Summary

On December 21, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10817. The ordinance vacates portions of three (3) platted public utility easements on Lot 1, Block 1 of the Salina High School Central Subdivision (Central High School) 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 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:  December 21, 2015
Passed:        December 21, 2015


Jon R. Blanchard, Mayor
[SEAL]
ATTEST:

Shandi Wicks, CMC, City Clerk

Certification of Publication Summary:

_______________________________
Greg A. Bengtson, City Attorney