8.1 Vacate Easement Great Plains Addition
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
02/14/2011
TIME
4:00 P.M.
AGENDA SECTION
NO:
8
ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
ITEM
NO.
Page 1
FINANCE & ADMINISTRATION
CITY CLERK
BY:
BY: Lieu Ann Elsey
ITEM: Ordinance No. 11-10589
Second reading of Ordinance No. 11-10589 requesting the vacation of the 20-foot north-south utility
easement located on Lot 5, Block 1 of the Great Plains Addition.
BACKGROUND:
Ordinance No. 11-10589 was passed on first reading on February 7, 2011. Since that time no
comments have been received.
RECOMMENDED ACTION:
Adopt Ordinance No. 11-10589 on second reading.
(Published in the Salina Journal on February _,2011)
ORDINANCE NUMBER 11-10589
AN ORDINANCE PROVIDING FOR THE VACATION OF A 20-FOOT NORTH-
SOUTH UTILITY EASEMENT LOCATED ON LOT 5, BLOCK 1 OF THE GREAT
PLAINS 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 February 7, 2011, the governing body conducted a public hearing on the
petition filed by Roy E. Applequist, President of Great Plains Manufacturing, Inc. ("Petitioner")
requesting vacation of a Twenty (20) foot utility easement located on Lot 5, Block 1 of the Great
Plains Addition, more particularly described as follows:
A tract of land being located in Lots 4 & 5, Block 1, Great Plains Addition being a replat of a
portion of White Acres, Idlewilde Gardens and Lots 1,2 and 3 of Brown and Brown Addition to
the City of Salina, Saline County, Kansas, being more particularly described as follows:
Commencing at the southwest comer of said lot 5;
Thence on an assumed bearing of S 87058'32" E along the northerly right-of-way line of North
Street, a distance of 398.10 feet to the point of beginning of the tract being described;
Thence N 00017'18" E a distance of 214.50 feet to a point on the northerly line of said Lot 5;
Thence S 89033'32" E along said northerly line and extensions thereof, a distance of 20.00 feet;
Thence S 00017'18" W a distance of 215.05 feet to a point on said northerly right-of-way line;
Thence N 87058'32" W along said northerly right-of-way line, a distance of 20.01 feet to the
point of beginning. Said tract contains 4295 square feet more or less.
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 a portion of the
existing utility easement on the lot.
( c) In justice to the Petitioner the easement vacation request should be granted.
Section 3. That the above described portion of a Twenty (20) foot utility easement located
on Lot 5, Block 1 of the Great Plains Addition is hereby vacated and full, unrestricted use of this
area shall revert to the owner of Lot 5, Block 1 of the Great Plains 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:
February 7, 2011
February 14,2011
Aaron G. Peck, Mayor
[SEAL ]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk