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5.2 Vac Country Oak Est CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06~26~00 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. .5 Engineering & General Services AGENDA: ITEM r~ NO. 2, 2a BY: Shawn O'Lea BY: ITEM: Report on Petition No. 4204 requesting vacation of utility easements located on Lots 17 and 18, Block 5, Country Oak Estates Subdivision. BACKGROUND: This petition was submitted on May 31, 2000 by Mr. Daniel Huehl requesting vacation of the east-west twenty (20) foot utility easement between Lots 17 and 18, Block 5, Country Oak Estates Subdivision and the north-south twenty(20) foot utility easement located on Lot 17, Block 5, Country Oak Estates Subdivision. This property, located at the southwest comer of Schilling Road and Marcella Drive, was recently rezoned to allow the construction of a motel. The site plan for this proposed motel includes placing the structure and parking lot over these easements. A sketch of the location has been attached for your review. The franchise utility companies were contacted for their input regarding this proposed vacation. Southwestern Bell and KPL have facilities located within this easement. These companies have taken the position that the easements cannot be vacated until formal agreements are in place with the applicant to relocate these lines. This public hearing was continued on June 19, 2000 to allow the applicant additional time to complete formal agreements with KPL and Southwestern Bell. The agreements are now complete and attached for your review. The applicant has agreed to pay all relocation costs to move the utilities (overhead power lines and underground telephone lines) west of the proposed motel. The applicant has not yet dedicated new utility easements to accommodate the relocated utility lines. It is recommended that the vacation be approved on first reading on the condition that the applicant dedicate the necessary utility easements and fulfill the obligations of the agreements with the utility companies. Second reading of the ordinance will be postponed until the conditions have been met. RECOMMENDATION: It is recommended that the City Commission approve the ordinance allowing vacation of utility easements located on Lots 17 and 18, Block 5, Country Oak Estates Subdivision with the condition that the applicant dedicate new utility easements prior to second reading. Ordinance Number 00-9984 DO HC)T YRiTE IH THIS · City Clerk's Office ·., Filed TOt ~E ~V~l~ ~OY '00 H~? 31 P~2:21 VGC&~O~ o[ ~ '20 [~, eas~es~ utt~ easement located on the south 20 ~t. o~ Lot 18 and the ~o~ch 150 ~C. of a 20 EC. no'Ch-south uC~1tC7 easement located on ~C 17 BZock 5 of the CounC~ Oak Estates Subdivision tn the CtC~ of Saltna, Sal/ne CobnC~, Eosement Requested for Vocotion SCHILLING 2~0' ~ ~0' ~5~.~5' .REPLAT I COUNTRY 78 ~1 !-- ~ CHANNEL ~5 3 ~ COUNTRY OAKS~ 20' W DRAINAGE EASEMENT : SITE AR~ 68.$58 S.F.' 13.000 S.F. 7 212.10' 87.34' 39.75' S C H I L L I N G :R 0 A SITE RECEIVED APR g ~ ZUUU PLANNING DEPARI'M£Nf 3-21-00 RE: UTILITY EASEMENT WEST OF MARCELLA AND SOUTH OF SCHILLING RD SOUTHWESTERN BELL WILL RELOCATE CABLE FROM NORTH-SOUTH UTILITY EASEMENT IN LOT 17 & 18, BLOCK 5, OF COUNTRY OAK ESTATES. AGREEMENT HAS BEEN REACHED BETWEEN DILIP PATEL AND SWBT TO RELOCATE FOR CHARGES. STEVE NORDHUS MANAGER-ENGINEERING DESIGN 137 S 7TM SALINA, KS 67401 June 16, 2000 Michael Rink City of Salina, Engr. Dept. 300 West Ash Street PO Box 736 Salina, Ks. 67402-0736 Dear Michael: In reference to the petition to vacate portions of the utility easement in Country Oak Estates, we submit the following. Dilip Patel has worked with us to determine where the easement can be relocated. This new location was then given to Dean Andrews in map form to allow coordination with other utilities as far as easement location. Dilip Patel has provided payment for the relocation of our facilities. If the City has the new easement in place as shOwn on the enclosed map, KPL will be in agreement with the relinquishment of the easement segments (per the vacate petition dated June 2, 2000). If you have any questions, please feel free to contact me at 785 822-3560. Sincerely, KPL Engr. Supervisor 1001 Edison Place / Salina, Kansas 67401