ORDINANCE NUMBER 25-11262
AN ORDINANCE ORDERING THE VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT LOCATED ON LOT 3, BLOCK 4 OF THE CLAREMONT HEIGHTS ADDITION IN 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 27, 2025, the Governing Body conducted a public hearing (“Public Hearing”) on the petition filed by Charles Poore ("Petitioner") requesting the vacation of a 7 foot by 20 foot portion of a platted north-south public utility easement in the southwest corner of Lot 3, Block 4 of the Claremont Heights Addition to the City of Salina, Saline County, Kansas. The requested utility easement vacation will allow construction of a new detached accessory structure by the Petitioner.
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 this portion of the public utility easement because there are no existing public or franchise utilities located in this portion of the easement.
(C) No private rights will be injured or endangered because vacation of this public utility easement would only impact the Petitioner’s property. The Petitioner owns the lot impacted by this easement, and represents the only lot affected by this request.
(D) In justice to the Petitioner, vacation of this public utility easement should be granted because the continued presence of this portion of the easement is inhibiting the Petitioner’s ability to construct a new detached garage structure in the desired location.
(E) The public interest is promoted by the vacation of this portion of the public utility easement because the presence of this portion of the utility easement no longer serves a public purpose.
Section 3. Order of Vacation. This portion of the Utility Easement is ordered vacated and shall revert in accordance with Kansas law.
Section 4. Recording. For the purpose of recording this ordinance with the office of the Saline County Register of Deeds, this vacation of a portion of a Utility Easement relates to the tract of real property described as Lot 3, Block 4 in the Claremont Heights Addition to the City of Salina, Saline County, Kansas.
Section 5. Publication. The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.
Section 6. Effective date. This ordinance shall be in full force and effect from and after its publication.
Passed: October 27, 2025
Greg Lenkiewicz, Mayor
[SEAL]
ATTEST:
Jenifer Scheibler, Deputy City Clerk