5.1 Vacate Drainage Easement Replat of Foley Addition
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
OS/24/2010 4:00 P.M.
AGENDA SECTION
NO:
5
ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
ITEM
NO.
Page 1
DEPARTMENT OF
PUBLIC WORKS
BY:
BY: Daniel Stack
ITEM: Ordinance No. 10-10533
a) A public hearing to consider a petition filed by H-M Olathe, LLC for the vacation of a public
drainage easement in the Replat of Foley Addition of the City of Salina, Saline County,
Kansas.
b) Acceptance of a public drainage easement dedication in Lot 2, Block 1 of the Replat of Foley
Addition.
BACKGROUND:
On November 19, 2007, the City Commission accepted a drainage easement from H-M Olathe, LLC.
This easement was to accommodate a detention pond for the site. Plans for the site have since
changed including the location of the detention pond. The location of the detention pond will be
located on the west one hundred twenty-six feet of Lot 2, Block1. The drainage easement is intended
to ensure that the west one hundred twenty-six feet are set aside as a storm water detention area. This
restriction cannot be released without City Commission approval. Ordinance No. 10-10533 will release
the existing drainage easement.
A drainage analysis prepared by Earles Engineering dated May 4, 2007 demonstrates the detention
pond complies with City of Salina design criteria and fits into the proposed drainage easement. The
drainage easement replacing the current easement has been legally described and executed by the
owner/developer and is now ready for the City Commission's acceptance.
FISCAL NOTE:
This action will have no fiscal impact to the City of Salina.
CONFORMANCE WITH STRATEGIC PLAN:
Goal #3: The city will provide the highest quality of services, consistent with governing body direction,
available resources and staff commitment to quality.
RECOMMENDED ACTION:
Staff recommends that the City Commission
a) approve Ordinance No. 10-10533 on first reading vacating the portion of Lot 2 Block 1 in the
replat of Foley Addition of the City of Salina, Saline County, Kansas and
b) accept the offered drainage easement dedication in Lot 2, Block 1 of the Replat of Foley
Addition.
Enclosures: Petition
Easement documents
Ordinance 10-10533
Cc: Stephen Kyle, Siegfried, Bingham, Levy, Selzer & Gee, P.C.
David Rohleder, MHC Kenworth - Salina
City Clerk's Office
Filed
DO NOT WRITE IN TH
510 AF!R 2g; F'M12:56
PETITION NUMBER 4 325
TO: THE GOVERNING BODY
CITY OF SALINA, KANSAS
The undersigned, being a property owner in the City of Salina, Kansas, does hereby petition
your honorable body for:
The vacation of that certain Permanent Drainage Easement granted by H-M Olathe,
L.L.C. to the City of Salina, Kansas, dated October 2, 2007, and recorded on
November 21, 2007 in Book 1163 at Page 220 with the Saline County, Kansas
Register of Deeds.
A copy of said Permanent Drainage Easement is attached hereto as Exhibit A.
Respectfully submitted:
H-M OLATHE, L.L.C.
BY:~~
Timothy R. Murphy, Member
1524 N. Corrington
Kansas City, MO 64120
(888) 642-8782- phone
(816) 483-5842 - fax
PLF - 074,4/14/2010
EXHIBIT A
Permanent Drainage Easement
See attached.
PLF - 074,4/14/2010
Book, 1163 Page: 223
EXHIBIT A"
The property subject to the drainage easement is legally described 8S
follows:
The North Sixty (60) feet. of the West Three Hundred Thlrty-
One and Fifty-One Hundredths (331.51) feet of Lot Two (2).
Block One (1) in the Replat of the Foley Addition to the City of
Salina, Saline County. Kansas.
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Grantor
GrantM
Type of Document
RecordlnQ Fees
Mtg Reg Tax
Total Amount
Return Address
Permanent Drain1A8 Easllment
$24.00
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$24.00
CINDY
ROOM 208
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~ OF PKRMANBNT DRAINAGE EASBMENT
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TBI8 1NDEN"rVRE, macro ~ ~ day of ~ 2007, by and botweea H-M
0Jatbe. LL.C., . Kaasas Coxpoatfoa, (dre wGratot') end die QTY OF SALINA, KANSAS, .
IDUI1idpI1 corporation. (tho "City"):
W1TNESSB1H: That tho GrIDtor, fbr aood IIIJd nluabJo COIIIidaatioD; does hereby
convoy unto tfac City tbat certain podioa of land owned by die Grantor IS IopDy ~'becl OIl
tho euad1ecf IDd iDcoIporatccl.BxbibJt A a4 depicIecI _tho aUadled aad JacoIporIted Bxbibit B
as . public cfralDaso ea<<aent, fa perpetuity, (ahe ~ Basementj tot the purposes of
)OQ,",& ~ excavatiDg, and DIIIataiaiDg:
srOnnMlter dcteotioa&oilitb,. iDcl1ldlD8 swaI~ diCcbes. pipe~ idJeU and JMIIl1.PI fOr .
the purpose of co~ h4~ ad frIaImitdq sur.&co liwwwatet.
Orator acknowledps that IbiI Cbat ofPermaocnt Drainap Bucmont sbaJl peitber alkr
nor affect tho ~... obliptioa eo lfItI1nmft the describod real estate.
Grantor hereby co~ that tbcy II'C Cbo lawfbl OWDel'l otCho deIcn'bed real esUtc and
have the right, power, aad authority eo convey Iho risfds ~ heftlby.
IN W11'NESS WHEREOF, the. 0raDlaI" baa hcnuDto caused this iDstrument eo be
execUted tho day and year tint above wriueD. '
B.M Qlde,L.LC. .
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nmt:;;, PlaicIeat
, MI5SD&.&~1 JAeIC'SON
STATB OF 1O\1f9l1r8. J{)ual89H COUN'lY, sa: .
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, BE rr ~ERJm, dIIt on this' tilJP Clay of~, before ~ the
undersipcd. . DOCary public in aDd tGr the COUIlty ad sIafe afiR8lid, CImC Tim Muiphy,
Pn:sident of Jl.M Olatbe, L.LC., who iI penoDIIIy bowIl to me to I?e tho ame petIOIl wIlD
ClI:ecuted tho abcJve. and fore&Oinl iDsCrumoDt ofwritiilg aod duly acknow1ecf&ed file OXecudOll of
. d10 rramo 011 bebaIf' of sald coqJOntlon. .
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CITY OF SALINA. KANSAS
ACCEPTED BY:
Alan E. Jlki, Ma
ATTEST:
~
Book, 1163 Pagel B22
STATE OF KANSAS; COUNTY OF SALINE, SS:
On this j~ay of November, 2007, before me a Notary Public In and
for said state, pel80naly appeared Alan E. JDka, Mayor, and Lieu Ann Elsey, CIty
Clerk, for the City of SalIna, Kansas, known to me to be the persona who
exeaJted the agreement on behalf of the CIty of Salina, and acknowledged to me
that they executed the same for the purposes therein stated.
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GRANT OF PERMANENT DRAINAGE EASEMENT
THIS INDENTURE is made this ~ day of April, 20 I 0, by and between H-M
OLATHE, L.L.C., a Kansas limited liability company ("Grantor") and the CITY OF SALINA,
KANSAS, a municipal corporation (the "City"):
WITNESSETH: That the Grantor, for good and valuable consideration, does hereby convey
unto the City that certain portion of land owned by the Grantor as legally described on the attached
and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B as a public
drainage easement, in perpetuity (the "Drainage Easement"), for the purposes of locating,
constructing, excavating, and maintaining:
Storm water detention facilities, including pipelines, ditches, swales, rip rap and other erosion
control devices for the purpose of collecting, detaining and transmitting surface storm water
from the site onto Kansas Department of Transportation right-of-way adjacent to the site.
Grantor acknowledges that this Grant of Permanent Drainage Easement shall neither alter nor
affect the Grantor's obligation to maintain the described real estate.
Grantor hereby covenants that they are the lawful owners of the described real estate and
have the right, power, and authority to convey the rights granted hereby.
544736vl
IN WITNESS WHEREOF, Grantor and City have hereunto caused this instrument to be
executed as of the day and year first above written.
H-M OLATHE, L.L.C.
By:
~~
Timothy R. Murphy, Member
STATE OF MISSSOURI )
) ss:
JACKSON COUNTY )
BE IT REMEMBERED, that on this d o Hlday of April, 2010, before me, the undersigned,
a notary public in and for the county and state aforesaid, came Timothy R. Murphy, Member ofH-M
OIathe, L.L.C., a Kansas limited liability company, who is personally known to me to be the same
person who executed the above and foregoing instrument of writing and duly acknowledged the
execution of the same on behalf of said limited liability company.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
~A /cflDL LJGdc~
Signature of Notary Public
JI}1 e' v I {)-Cft-l Goel da r c:{
Printed Name of Notary Public
MERIBETH GODDARD
Notary Public - Notary Seal
State of Missouri
Commissioned for Jackson County
My Commission Expires: December 03, 2011
Commission Number: 07446?88
My commission expires:
544736vl
CITY OF SALINA, KANSAS
ACCEPTED BY:
Aaron G. Peck, Mayor
ATTEST:
Lieu Ann Elsey, City Clerk
STATE OF KANSAS; COUNTY OF SALINE, SS:
On this day of May, 2010, before me a Notary Public in and for said state,
personally appeared Aaron G. Peck, Mayor, and Lieu Ann Elsey, City Clerk, for the City
of Salina, Kansas, known to me to be the persons who executed the agreement on behalf
of the City of Salina, and acknowledged to me that they executed the same for the
purposes therein stated.
Signature of Notary Public
Printed Name of Notary Public
My commission expires:
-3-
544736vl
EXHIBIT A
A tract of land located in Lot Two (2), Block One (1), Replat of Foley Addition, to
the City of Salina, Saline County, Kansas, and more particularly described as follows:
The West One Hundred Twenty-Six (126) feet of Lot 2, Block 1,
Replat of Foley Addition
This tract of land contains Thirty-Two Thousand Six Hundred One and Eighty-Four
Hundredths (32,601.84) square feet, more or less, and is subject to easements,
restrictions, and reservations of record.
KDOT
R/W
Lot 2
Block 1
Replot of Foley Addition
KDOT
R/W
Lot 1
Block 1
Replot of Foley Addition
o
,
50
100
150
200
I
ary OF SAUNA, KANSAS
PUBUC MlRKS - ENGINEERING - ununES
Exhibit B
Public Drainage Easement
SCALE: ,. . 100'
-
544736vl
(Published in the Salina Journal on June ,2010)
ORDINANCE NUMBER 10-10533
AN ORDINANCE PROVIDING FOR THE VACATION OF A PUBLIC DRAINAGE
EASEMENT LOCATED ON LOT TWO (2), BLOCK ONE (1) IN THE REPLAT OF THE
FOLEY ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That on May 24, 2010, the governing body conducted a public hearing on the
petition filed by Timothy R. Murphy, on behalf of H-M Olathe, L.L.C. ("Petitioner") requesting
vacation of a public drainage easement located on the North 60 feet of the West Three Hundred
Thirty-One and Fifty-One Hundredths (331.51) feet of Lot Two (2), Block One (1) in the Replat of
the Foley Addition, more particularly described on the attached and incorporated Exhibit "A" and
depicted on the attached and incorporated Exhibit "B".
Section 2. That the governing body finds from the evidence presented at the public hearing
that:
(a) Due and legal notice has been given by publication as required by law.
(b) No private rights will be injured or endangered by the vacation of the public drainage
easement.
( c) In justice to the Petitioner the drainage easement vacation request should be granted.
Section 3. That a public drainage easement legally described as the North 60 feet of the
West Three Hundred Thirty-One and Fifty-One Hundredths (331.51) feet of Lot Two (2), Block
One (1) in the Replat of the Foley Addition, is hereby vacated and full, unrestricted use of this area
shall revert to the owner of Lot Two (2), Block One (1) in the Replat of the Foley Addition to the
City of Salina, Saline County, Kansas.
Section 4. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
Introduced:
Passed:
May 24, 2010
June 7, 2010
Aaron G. Peck, Mayor
[SEAL ]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk