8.5 Agr Sale of Easement CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
12/'3/19~4 4:00 P.M.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APP/~VED/~O~
NO. 8 Engineering
ITEM
BY: Dean Boyer BY
Request by Robert Frobenius for permission to lay a plastic line across and
along Fairdale Road adiacent to Fairway Estates Addition, referred to City
Engineer on October 15, 1984.
Mr. Frobenius has a producing oil well located approximately 1,000 feet west
of Marymount Road on the Roselawn Park Cemetery property. A crude oil
pipeline runs eastward from this oil well across Marymount Road; thence
easterly along the north side of Eastridge Addition to Fairdale Road; thence
southerly in the west R/g/ of Fairdale Road to the S.E. corner of Lot
Block 1, Eastridge Addition; thence southerly across Fairdale 'Road to a tank
battery located at the N.E. corner of lot t5, Block 3, Eastridge Addition.
separate salt water pipeline runs northerly from the tank battery across
Fairdale Road to the S.E. corner of lot 10, Block 1, Eastridge Addition;
thence continuing northerly in the west R/g/ of Fairdale Road to the S.E.
corner of Lot 25, Block 21, Country Hills Addition lqo. 2; thence northerly
across Fairdale Road to the S.E. corner of lot 24, Block 2 Country Hills
Addition lqo. 2; thence northerly along the rear of lots 221 and 2q, Block 2,
Country Hills Addition No. 2 to the Iq.g/. corner of Fairway Estates Addition;
thence northerly along the west line of Airport Park to the north side of
Crawford Street; thence easterly in the north R/g/ of Crawford Street to the
east City
Limits.
Resolution Number 21189, in 1974, granted Mr. Frobenius permission to install a
pipeline from the tank battery location in Eastridge Addition northward along
the west side of the golf course (Airport Park) to the north side of Crawford
Street and thence eastward along the north side of Crawford Street to the east
City Limits. g/hen this resolution was adopted by the City Commission, a
section of this pipeline along the west side of Airport Park and along
Crawford Street was used to dispose of the salt water waste from the Frobenius
oil well and also from the City's oil well located in Airport Park.
Earlier this year, the tank battery serving the City's oil well was relocated
to the east side of Airport Park and a new salt water disposal pipeline was
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
4:00 P.M.
AGENDA SECTION: ORIGI NATI NG DEPARTMENT: APPROVED FOR
NO. AGENDA:
Engineering
ITEM
NO.
BY: Dean BoYer BY:
Request for Robert Frobenius
Page 2
installed at that time. Therefore, the entire crude oil pipeline and the
entire salt water disposal pipeline running from Mr. Frobenius' oil well in
Roselawn Park Cemetery to his tank battery in Eastridge Addition and
continuing to the east side of Airport Park are used for private revenue
producing purposes.
Assuming the petitioner will need at least a 10 foot wide strip of land to
install and maintain his crude oil and salt water disposal pipelines, a total
of approximately 43,000 square feet of public right-of-way or park land would
be required. Resolution Number 3189, in 1974, granted approximately 37,000
square feet of park land and public right-of-way to Mr. Frobenius for pipeline
uses and this new request would grant the remainder of the land or
approximately 6,000 square feet.
The right-of-way for Crawford Street; Fairdale Road; and Marymount Road was
dedicated through the platting process to be utilized by the public for
streets and utilities. Public property may, however, be used for aesthetic
purposes by individuals if the City Commission finds the use to be beneficial
to the appearance of the City. We are opposed to the use of any park land or
public right-of-way by individuals for any private or nonaesthetic purposes
such as the proposed crude and salt water pipelines. The utility companies,
through their franchise agreements with the City, pay for the use of public
lands to supply needed services to the public. In addition, the utility
companies pay their property and income taxes. Mr. Frobenius wants the City
to grant him the use of approximately 43,000 square feet of public land for
private revenue producing purposes without monetary consideration.
The potential damage to streets, utilities, vegetation, etc. resulting from a
crude or salt water pipeline rupturing is significant. Several months ago,
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQU ES T FOR COMM I S S I ON ACT 1 ON DATE T I ME
12/3/191~q 4:00 P.M..
AGENDA SECTION: OR IGI NATI NG DEPARTMENT: APPROVED FOR
NO. AGENDA:
Engineering
ITEM
NO.
iBY: Dean Boyer BY:
Request for Robert Frobenius
Page 3
due to a faulty pipe connection, salt water in the petitioner's pipeline
located in the north right-of-way on Crawford Street flowed along the gutter
section of Crawford Street and then into the storm sewer system (pipes,
inlets and grassed drainage channels}. Repairs were promptly made by Mr.
Frobenius, but the long term surface and structural damage to our facilities
cannot be determined at this time. It must be stressed that accidental
spills (crude oil and salt water} can be minimized with correct maintenance
procedures, but not eliminated. We believe Mr. Frobenius should be ordered to
remove his pipeline facilities from all park lands and from all street
right-of-way or be required to pay for the use of said public lands.
See attached drawings for approximate location of the crude oil and salt water
pipelines.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
! ~ '~1~ ~ · ? ROSELAWN ~ -
~ o ~, ~.. .o, ~.'~ ,,~ ,,,~ / ,~' ,,,'=
I~ ~ ~ ?ud~ Oil ~ ~ '
I . . . /~/;. 20' ~ ~ ~ ~_
, ----~--~ ~ .... : ....... ~ ......... , ::---: ff-::~
~._ ~ ~ ~' ql~ ~ ,-i i~o ~, , ,.-~
' ~ I
HILLS
ADD.
NO. I
2
COUNTRY
2
,g ~&Rt.ow. DRIV£
4 -:.
I41B.IO'
HILLS '
~84.?1'
FAIRDAL£
ROAD
To Well
JT
CRAWFORD
LEGEND
· Crude Oil
Pipeline
Salt Water
Pipeline
JRSE
COURSE' ~
/
ST.
N
Zayor Charles Roth and
City Commissioners
City of Salina
Salina, Eansas
Dear Charles,
October 3, 1984
FILED
19
I mm presenting a request for a resolution to b~i~r-an~ed,%yi,~e City
of Salina, granting permission to lay a piasZic i~"i<mrRcLe~{~he new
Fairdale Eoad recently construczea near the Salina ~imnicipal Golf
Course and adjacent to Fairway Estates Addition.
ile have a previous easement of record to the ;~ corner of Eastridge
Addition since january 4, i967 when it was still a farm and we do
have an existing oil line under Fairdale Road that has been there
since 196~ serving our oil tanks in the Eastridge Addition. ~'fe have
an existing line on the extreme west side of the 'muused Golf Ceurse
land going north then east on Crawford zo the city limits. This was
granted in Resolution .~ ~189 on june 24, 1974 and ge coui6, under
this resolution, place a line next to the fairway rough ~ud greens
to connect to our present line as per location map enclosed by going
arotuud Fairway Eastazes Addizion.
The present request arises out of the establishment and development
of Fairway Estates Addition where our previous line existed. For
years, both the Golf Course Oil Yell ~ ~ and our oil ~e!l used a
common line 'muder ?airwa~ Estates Addition mud when the Ci! Barrels
were moved to the east side of the old Airport runway recently the
Fairway Estates owners did not want a line on their property. We
have chosen to place our line on the west side of Fairway Estates.
This is the best alternative route in that it would eliminate the
necessity of excavating in the Golf Course fairway rougn and greens
when the golf crew has spent considerable time and effort to estab-
lish grass.
The advantage of this request is that of being adjacent to a sur-
faced roadway in the ditch of Fairdale '.load and is by far ~he short-
est of the two routes, is least noticeable, easiest to maintain and
!east expensive.
Ey attorney, H. L. Zarietta has been in correspondence with the City
Attorney, L. O. Bengtson on this matter. &m enclosing a requested
resolution as per the city requirements which we were instructed to
include, by the city attorney.
Thanking you for your consideration, I remain
closures
A RESOLUTION GRANTING PERMISSION TO LAY PIPELINE IN PUBLIC
RIGHT-OF-WAY WITHIN THE CITY LIMITS OF THE CITY OF SALINA, KANSAS.
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Section 1. That permission is hereby granted to Robert
F. Frobenius to install a 3 inch heavy duty plastic pipeline from
an oil tank locate.d near the Northeast Corner of Lot Six (6),
Block Three (3) Eastridge Addition to the City of Salina, Kansas
northerly across Fairdale Road to the west side of the unpaved
portion of said Fairdale Road as it proceeds north to a point
opposite the Southeast Corner of Lot Twenty-four (24), Block Two
(2) Country Hills Addition Number 2 to the City of Salina, Saline
County, Kansas, thence northeasterly across Fairdale Road to the
easement along the west side of said Lot Twenty-four (24), Block
Two (2) Country Hills Addition Number 2; subject to the following
conditions:
1. Materials, plans and construction shall be approved
by, or as directed by the City Engineer.
2. All trenching and excavation shall be backfilled and
maintained for one year following completion of con-
s truct ion.
3.The owner shall relocate and/or regrade pi'peline at
any time it becomes necessary due to street construction
and maintenance, or the installation of public utilities.
4. Should the owner fail to relocate or regrade pipeline
within 60 days following a written request from the
City of Salina, the City shall have the right to re-
move the pipeline at no cost to the City.
5. The owner of the pipeline shall maintain the same in
good working condition and hold the City of Salina,
Kansas, harmless from any liability that m/ght arise
from the installation, use or maintenance of the
pipeline.
Section 2. That the foregoing conditions shall be binding
on all heirs, successors or assigns.
Adopted and approved by the Board of Commissioners
of the City of Salina, Kansas, in regular session this
day of , 1984.
(SEAL)
Attest:
D. L. Harrison, City Clerk
RESQLUT 10N~.NU~'~UF.~2_.__ .3._1. 89
A RESOLUTION GRANTING PERHtSSION TO LAY PIPELINE IN PUBLIC RIGHT-OF-WAY
WITHIN TNE CITY LIMITS OF THE CITY OF SALINA, KANSAS.
BE IT RESOLVED by the Governing Body of the City of Sallna, Kansas:
Section 1. That permission is hereby granted to Robert F. Frobenius
to install a 2 inbh heavy duty plastic pipeline from an.oil tank located on
L. H. Burkholder property, north along the west side of the Sallna IV~Jnicipjl
Golf Course fo the north right-of-way of East Crawford Street; thence east in
the north right-of-way of East Crawford Street fo the City Limits; subject to
the following conditions:
I. Plans and construction shall be approved by, or as
directed by the City Engineer.
2. All trenching and excavation shall be backfilled
and maintained for one year following completion
of construction.
3. The owner shall relocate and/or regrade pipeline
at any time it becomes necessary due to street
construction and maintenance, or the installation
of public utilities.
4. Should the owner fait to relocate or regrade
pipeline within 60 days following a written request
from the City of Salina, the City shall have the
right fo destroy the pipeline at no cost to the City.
5. That the owner of the pipeline shall maintain the
same in good working condition and hold the City of
Sallna, Kansas, harmless from any liability that
mtghf arise from the installation, use or maintenance
of the pipeline.
Section 2. That the foregoing conditions shall be bit,ding o,,
heirs, successors or assigns.
Adopted and approved by !he Board of Commissioners of the City of
Salina, Kansas, in regular session Ihls 24th clay of June, tg74.
(SEAL)
Al'fast:
t). J. Jl~JlI'ison~ City (:1 ,~k--